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2009 Supreme(All) 3052

SUDHIR AGARWAL
NEM SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
M.K. Kushwaha, Mahima Kushwaha for the Petitioner; Wasim Alam, Mahtab Alam for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard learned counsel for the parties. As agreed and requested by learned counsel for the parties this writ petition is being heard and decided finally under the Rules of the Court at this stage.

2. Aggrieved by the order dated 24.12.2005 passed by the Regional Joint Director of Education, Agra declining to approve promotion of the petitioner on the post of Lecturer on the ground that the post is liable to be filled in by a reserve category candidate belong to scheduled castes hence his promotion cannot be accepted, the present writ petition has been filed by Sri Nem Singh, an Assistant Teacher working at Barauli Inter College Barauli Rao, Aligarh (hereinafter referred to as the “College”) seeking a writ of certiorari for quashing the same.

3. The undisputed facts in brief are that the College is recognised by the Board of High School and Intermediate (hereinafter referred to as the “Board”) under the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the “Act, 1921”) and recruitment to the post of teachers in the College is governed by the provisions of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referr





































































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