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2004 Supreme(All) 2404

B.S.CHAUHAN, DILIP GUPTA
Sanjay Kumar Tyagi – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Appellant : P. N. Ojha and Ashok Khare.
Counsel for the Respondents: P. R. Ganguly and Sudhakar Upadhyay, S.C.

JUDGMENT

Dilip Gupta, J.—This special appeal has been filed against the judgment and order dated 7.12.2000 of a learned Judge of this Court in Writ Petition No. 23192 of 1998 by which the writ petition was allowed and the approval granted by the District Basic Education Officer, Meerut to the appointment of Sanjay Kumar Tyagi, the appellant in the present Special Appeal was quashed and a direction was issued to hold a fresh selection for appointment to the post of Headmaster in the Adarsh Janta Junior High School, Krishna Nagar, Ganga Khadar, Hastinapur, Meerut (hereinafter referred to as ‘the Junior High School’) in accordance with the provisions of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as ‘the 1978 Rules’). The sole question that arose for consideration in the writ petition was whether a teacher possessing the B. Ed. certificate could be considered eligible for appointment to the post of Headmaster of a recognised Junior High School under the provisions of Rule 4(2) (b) of the 1978 Rules.

2. It is not in dispute that the Junior High School is recognised and aided tho




















































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