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2006 Supreme(All) 2082

SUNIL AMBWANI
UPENDRA NARAIN SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ashok Khare, A.N. Tripathi, Anurag Pathak, R.B. Tripathi, Rajeev Kumar Srivastava for the Petitioners; J.K. Tiwari, S.C., Indra Kumar, K.K. Chand and Rajeshwar Sahai for the Respondents.

JUDGMENT

Hon’ble Sunil Ambwani, J.—In this bunch of writ petitions, the petitioners have challenged the 3rd Amendment to the U.P. Industrial Training Institutes (Instructors) Service Rules, 1991 (in short the Rules of 1991) notified on 9-12-2003, deleting the higher teaching qualifications, introduced in the rules by the 2nd Amendment vide notification dated 8.8.2003, for the post of Vocational Instructors (Trade, Theory, Workshop, Calculation, Science, Engineering and Drawing) and Vocational Instructor (Practical) in the Industrial Training Institutes (in short ITI’s) in U.P., and has held up selections on 738 vacancies out of a total 2942 sanctioned posts (both Permanent and Temporary) in the cadre.

2. Prior to the year 1991 the service conditions of the Vocational Instructors were regulated by the Government Orders and Administrative Instructions. The Rules of 1991 replaced these orders and provided for amongst other, the qualifications and method of recruitment. Rule 5 of the Rules of 1991 provides for recruitment through U.P. Public Service Commission on the basis of competitive examination and interview. The rules were amended in 1994 by 1st Amendment to these rules providing f










































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