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2018 Supreme(All) 614

ASHWANI KUMAR MISHRA
HIMANSHU SHUKLA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Man Bahadur Singh, Ashok Khare, Prabhakar Awasthi, Rajesh Kumar Singh, Siddharth Khare, Seemant Singh, Radha Kant Ojha, Sushil Kumar Pandey, Adarsh Singh, Indra Raj Singh, Avadhesh Kumar Upadhyay, Rakesh Kumar, Shantanu Khare, Awadhesh Kumar Sharma, Indresh Chandra, Birendra Pratap Yadav, Krishna Kant Yadav, M.D. Singh Shekhar, Saroj Kumar Yadav and Vashishtha Tiwari for the Petitioners; C.S.C., M.N. Singh and Nisheeth Yadav for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—The Governor of Uttar Pradesh in exercise of powers conferred by the proviso to Article 309 of the Constitution of India has made rules regulating recruitment and conditions of service of Assistant Teachers (Trained Graduates Grade), in Government Secondary Schools, known as the Uttar Pradesh Subordinate Educational (Trained Graduates Grade) Service Rules, 1983 (hereinafter referred to as ‘the Rules of 1983’). The Rules of 1983, as they originally stood, contemplated a cadre of Trained Graduate Teachers, both for men and women at regional level. Posts in the cadre were to be filled by direct recruitment and also by promotion through the U.P. Public Service Commission (hereinafter referred to as ‘the Commission’). The Commission was to invite applications for direct recruitment and subject the candidates having eligibility in terms of the rule to interview, and accordingly prepare a select list. The Rules of 1983 have been amended from time to time, which have a material bearing on the controversy raised in this bunch of writ petitions. A






























































































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