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2012 Supreme(All) 3057

SANJAY MISRA, SHIVA KIRTI SINGH
JULFIKAR HUSAIN ANSARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Radha Kant Ojha and R.K. Singh for the Appellant; Ravi Shankar Prasad and S.C. for the Respondents.

JUDGMENT

Hon’ble Shiva Kirti Singh, A.C.J.—This intra-Court appeal is directed against judgment and order dated 18.9.2012, whereby writ petition bearing No. 47705 of 2012 preferred by the appellant has been dismissed.

2. There is no dispute on facts which have been correctly noticed by the writ Court which has held that once the appointment of the petitioner-appellant (hereinafter referred to as the ‘appellant’) is found to be illegally made, then his claim for regularisation could not be accepted. Accordingly, the writ Court refused to interfere with the decision dated 11.7.2012 taken by the Screening Committee constituted under Section 33-B of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the ‘Act, 1982’). By that decision, the Screening Committee has turned down the claim of the appellant for grant of benefit of regularisation.

3. The relevant facts lie within a narrow compass. A post of Assistant Teacher in L.T. Grade fell vacant in the Municipal Inter College, Fatehgarh, Farrukhabad on account of retirement of one teacher of the College on 30.6.1990. The College is a recognized institution governed by the provisions of the U.P. Inte








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