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2012 Supreme(All) 1314

SUNIL HALI
MASHHOOR AHMAD ETC. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Khare, Sunil Kumar Srivastava and D.K. Singh for the Petitioner; Arvind Srivastava, Anoop Trivedi and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sunil Hali, J.—All the aforesaid writ petitions relate to common question of fact and law hence they are being decided by a common order.

2. In order to appreciate the controversy involved in all these writ petition, the facts as culled out are that Public Higher Secondary School, Amthari Nighuri, Post Sant Kabir Nagar (hereinafter referred as the Institution) was initially established as a Junior High School in the year 1977 with temporary recognition as a Junior High School. It was granted permanent recognition as a Junior High School in the year 1980 and High School in the year 1983. It was not receiving grant in aid till 1.4.1996. It is only w.e.f. 1.4.1996 that it was brought on the grant in aid and within the purview of U.P. Act No. 24 of 1971. At the time of its initial creation there did not exist any statutory rules governing the recruitment and appointment in the said Junior High School. Rules were framed for the first time as U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules 1978 promulgated by the notification dated 13.2.1978.

3. Petitioners are alleged to have been appointed on teaching and no





























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