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2016 Supreme(All) 942

A.P.SAHI, VIJAY LAXMI
LAXMI NARAIN TEWARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Om Prakash Misra and Rakesh Kumar Singh for the Appellant; C.S.C., Pankaj Kumar Shukla and Ramesh Pandey for the Respondents.

JUDGMENT

By the Court.—The appeal questions the correctness of the judgment of the learned Single Judge dated 26.7.2016 in relation to the ad hoc appointment and continuance of a Principal on officiating basis in an aided privately managed Intermediate College governed by the provisions of Intermediate Education Act, 1921 and the U.P. Secondary Education Services Selection Board Act, 1982 and the Regulations framed thereunder.

2. The legal battle ensued for the post of Principal in Janta Inter College, Babhnan, Gonda which is duly recognized under the 1921 Act when it’s regular Principal Mr. Ram Prakash Mishra died in a road accident on 15.12.2011. On the occurrence of such a vacancy ad hoc arrangement has to be made which is permissible under Section 18 of the 1982 Act. Section 18 of 1982 Act reads as under :

“18. Ad hoc Principals or Headmasters—(1) Where the Management has notified a vacancy to the Board, in accordance with sub-section (1) of Section 10 and the post of the Principal or the Headmaster actually remained vacant for more than two months, the management shall fill such vacancy on purely ad hoc basis by promoting the senior-most teacher.

(a) in the lecturer’s grade in
































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