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2011 Supreme(All) 187

JAYASHREE TIWARI, SUNIL AMBWANI
U. P. SECONDARY EDUCATION SERVICE SELECTION BOARD, ALLAHABAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.K. Yadav and P.S. Baghel for the Petitioner; Ashok Khare, R.S. Prasad, B. Singh and Jai Prakash Rai for the Respondents.

JUDGMENT

By the Court.—The U.P. Secondary Education Service Selection Board, constituted under the U.P. Secondary Education Service Commission and Selection Board Act, 1982, has filed this Special Appeal through its Secretary, challenging the judgement of learned Single Judge dated 30.11.2009 in Writ Petition No. 40377 of 2008, allowing the writ petition and holding that the filling up of the advertised vacancies, subject matter of Advertisement No. 1 of 2005, (a) by adjustment in exercise of powers under Rule 13 (5) of the U.P. Secondary Education Service Selection Board Rules, 1998, of candidates selected in pursuance to the earlier advertisement; (b) by transfer of candidates from other institutions against advertised vacancies; (c) by compassionate appointment; (d) by promotion and (e) by absorption of subject experts under Section 31-E, is patently illegal and in the teeth of the provisions of the Act of 1982 and the Rules of 1998 framed thereunder. The Court held that all such kind of appointments against advertised vacancies were illegal and appropriate action be taken by the authorities within four weeks of filing a certified copy before the Secretary, Secondary Education,
















































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