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2010 Supreme(All) 1570

R.K.AGRAWAL, ABHINAVA UPADHYA
RAM NIWAS SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Bhola Nath Yadav and Ram Krishna Yadav for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Abhinava Upadhya, J.—Heard learned counsel for the appellant and the learned Standing Counsel for the State-respondents.

2. The present intra Court appeal has been filed against the order of the Hon’ble Single Judge by which the writ petition of the petitioner was dismissed on the ground that the selection made by the Committee of Management is illegal as the Committee of Management had no power to make selection of a teacher in an aided institution which is governed by the provisions of U.P. Intermediate Education Act, 1921, Payment of Salaries Act, 1971 and U.P. Secondary Education Services Selection Board Act, 1982 and Regulations and Rules framed under these Acts.

3. The case set up by the petitioner-appellant is that in the Bajaj Rashtriya Inter College, Fatehpur, Sikri, District Agra, two posts of L.T.Grade Assistant Teachers were created by the Director of Education vide its order dated 31.3.1991. Upon such creation of posts, the Committee of Management proceeded to fill up the same on ad hoc basis under Section 18 of the U.P. Secondary Education Service Selection Board Act, 1982 after sending requisition to the Board and waiting for two months. Subsequently,











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