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2009 Supreme(All) 1627

DILIP GUPTA, C. K. PRASAD
ABHAY PAL SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
G.K. Singh for the Appellant; S.C., S.K. Mishra for the Respondents.

JUDGMENT

By the Court.—This Special Appeal seeks the quashing of the judgment and order dated 4th March, 2005 of a learned Judge of this Court by which the writ petition that had been filed by the appellant for setting aside the order dated 1st July, 2002 passed by the District Inspector of Schools, Bulandshahr (hereinafter referred to as the ‘DIOS’) and for a direction upon the DIOS to accord approval to his appointment as an Assistant Teacher in the Sri Swami Poornanand Inter College, Chirodi, Bulandshahr (hereinafter referred to as the ‘College’), was dismissed.

2. It was the contention of the appellant in the writ petition that on the retirement of Karan Singh who was a Lecturer in the College, one Raghu Raj Singh who was working as an Assistant Teacher in the L.T. Grade in the College was promoted as ad-hoc Lecturer and as a result of his promotion, a short-term vacancy arose on the post of Assistant Teacher in the College. This short-term vacancy was required to be filled in by direct recruitment in accordance with the procedure prescribed under the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as










































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