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2018 Supreme(All) 2513

IRSHAD ALI
Sanjay Kumar Singh – Appellant
Versus
State of U. P. Thru Prin. Secy. Basic Edu. Deptt. Lucknow – Respondent


Advocates Appeared:
For the Appellant : Rajendra Pratap Singh, Surendra Pratap Singh
For the Respondent: C.S.C., B K Singh, Pradeep Kumar Singh

JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Sri S.P. Singh, learned counsel for the petitioners and to the learned Standing counsel on behalf of the respondent Nos.1 and 2 and to Sri P.K. Singh Bisen, learned Advocate on behalf of the respondent No.3.

2. The nature of controversy involved in Writ Petition Nos.5118 (SS) of 2016, 9201 (SS) of 2016 and 29282 (SS) of 2016 pertains to selection and appointment on the post of Assistant Teachers. Therefore, the writ petitions are being decided by means of a common judgment treating Writ Petition No.5118 (SS) 2016 to be leading writ petition.

3. Factual matrix of the case is that Vijay Junior High School, Kali Muradapur, District Pratapgarh is run and managed by a Society registered under the Societies Registration Act, 1860. The institution is granted recognition under the provisions of U.P. Basic Education Act, 1972. The institution is receiving aid from the State Government, therefore, the provisions of The U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 inasmuch as provisions of U.P. Recognised Basic Schools (Junior High Schools) (Recruitment And Conditi

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