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2015 Supreme(All) 754

D. Y. CHANDRACHUD, DILIP GUPTA, P. K. S. BAGHEL
SANTOSH KUMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.C. Dwivedi for the Appellant; C.B. Yadav, Additional Advocate General and Shashank Shekhar Singh, Additional CSC for the Respondents.

JUDGMENT

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The present reference to the Full Bench has been occasioned by a referring order of a Division Bench of this Court dated 20 March 2015. The questions which have been referred for decision by the Full Bench are thus:

(a) Whether even after the rescission of Removal of Difficulties Orders under Section 33-E of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (Act) (U.P. Act No. 5 of 1982), with effect from 25 January 1999, the Committee of Management retains the power to make ad hoc appointment against short term vacancies only because it had published an advertisement for the purpose prior to 25 January 1999;

(b) Whether on enforcement of Section 33-E of the Act rescinding the Removal of Difficulties Orders issued earlier, the Committee of Management has lost all powers to make ad hoc appointment against short term vacancies;

(c) Whether under Section 16-E of the Intermediate Education Act 1921 (Act of 1921), there is a power with the Committee of Management to make ad hoc appointment against short term vacancies and if so then for what period; and

(d) Whether the Division Bench in the case of Subhash





































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