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2002 Supreme(All) 1119

RAKESH TIWARI
SHARDA PRASAD YADAV – Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS DEORIA – Respondent


Advocates Appeared:
Gyan Prakash, H.P.MISHRA, R.C.DWIVEDI, T.P.SINGH,

RAKESH TIWARI, J.

Heard the learned Counsel for the parties and perused the records.

2. Maharaja Agrasen Inter College, Deoria is receiving grant-in-aid from the State Government. It is a recognized institution under the U. P. Intermediate Education Act, 1921 and the payment of salaries of teachers and other employees of the institution are made under the provisions of U. P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971.

3. According to the averments made in the writ petition, there are eighteen sanctioned posts of Class-IV employees in the institution. Six posts out of them fell vacant due to retirement of four employees and two fell vacant due to promotion of the incumbent of Class-IV employees. It is not clear from the averments made from the writ petition or from Annexure-1 appended with it that these vacancies were advertised in the newspapers having wide circulation. It appears from the perusal of Annexure-1 to the writ petition that applications were invited for appointments on six vacancies of Class-IV employees by publication on notice board.

4. There is no date on the notice appended with the writ petition showing whe






























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