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2016 Supreme(All) 1310

MANOJ MISRA
SUDHANSHU MALIK – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Siddharth Khare and Ashok Khare for the Petitioners; C.S.C., Ravi Agrawal and Vimlendu Tripathi for the Respondents.

JUDGMENT

Hon’ble Manoj Misra, J.—The petitioners were appointed as Guest Lecturer on contract basis, session by session, in Gandhi Polytechnic, Muzaffarnagar (hereinafter referred to as the Institution), which is a privately managed polytechnic affiliated to the Board of Technical Education, U.P. and is on grant-in-aid. The institution is governed by U.P. Pravidhik Shiksha Adhiniyam, 1962 (hereinafter referred to as Act, 1962) and the regulations framed thereunder.

2. According to the petitioners, the petitioner No. 1 was appointed as a Guest Lecturer in Mechanical Engineering on 1.9.2012; the petitioner No. 2 was appointed on 7.9.2010 as a Guest Lecturer in Physics and both had been working as such till date. In respect of petitioner No. 2 it has been stated that he had been working in both shifts. It is claimed that the petitioners 1 and 2 both belong to the OBC (other backward classes) category. In so far as petitioner Nos. 3 and 4 are concerned, they belong to Scheduled Caste category. It has been claimed that petitioner No. 3 had been working as Guest Lecturer (Electrical Engineering) since 16.8.2010 whereas petitioner No. 4 had been working as a Guest Lecturer (Mechanical Engi









































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