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2017 Supreme(All) 1758

SUNEET KUMAR
SUSHIL KUMAR YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Satyendra Chandra Tripath and Radha Kant Ojha for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Suneet Kumar, J.—Adarsh Inter College, Itaye, District Jaunpur, is a duly recognized intermediate institution under the grant-in-aid upto High-School. The provisions of Intermediate Education Act, 1921 (Intermediate Act) and U.P. High School and Intermediate College (Payment of Salaries of the Teachers and Other Employees) Act, 1971 (Act 1971), are applicable on the institution. On the retirement of Sri Arat Nath Singh, Assistant Teacher, L.T. Grade (Science) on 30 June 2011, and on the retirement of Srinath Singh, Assistant Teacher, L.T. Grade (Social Science) on 30 June 2014, substantive vacancy occurred. The management sent requisition for both the posts on 1 July 2011 and 17 June 2015 respectively to the office of the third respondent-District Inspector of Schools, Jaunpur (Inspector). The Selection Board did not recommend candidates, consequently, management advertised the vacancies of the aforesaid posts in daily news papers, Dainik Nispaksh Swatantra Rajvarta and Hindi Dainik Tejas on 25 June 2017. Pursuant thereof, petitioners applied. On the recommendation of Selection Committee, the Management passed resolution on 9 July 2017 issuing appointment letter to





























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