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1997 Supreme(All) 692

D.K.SETH
ANIL KUMAR SHARMA – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Ashok Khare, B.P.Singh, K.M.Asthana,

D. K. SETH, J.

Petitioners ad hoc ap pointment was cancelled by order dated 29th April 1995 which is the subject matter of challenge in the present writ petition on the ground that the Managing Committee had no power to make ad hoc appointment. Mr. Ashok Khare, learned Counsel for the petitioner contends that by reason of U. P. Secondary Education Service Commission and Selection Board (Second Amendment) Act 1992 (U. P. Act No. XXIV of 1992), the power to make ad hoc appointment by the Committee of Management was taken away through amendment in Section 18 of the U. P. Secondary Education Service Commis sion Selection Board Act, 1982, by substitu tion of new Section 18 which had vested the

power to make ad hoc appointment in a Committee. According to Mr. Khare, the said Act came into force on 14th July, 1992. In the present case the proceedings for recruitment having been initiated on 31st August 1991 viz. a date before coming into operation of the said Act No. XXIV of 1992. The restriction imposed cannot affect the right of the Committee of Management since there is nothing in the said Act to indicate even by necessary implications that the provisions of the said Act would be opera








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