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2018 Supreme(All) 2546

AMRESHWAR PRATAP SAHI, HARSH KUMAR
District Inspector of Schools – Appellant
Versus
Shobha Ram Dhiman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anand Kumar Ray
For the Respondent: Prakhar Tandon

JUDGMENT :

1. These two special appeals have been filed assailing a common judgment in a writ petition filed by the respondent no. 1 claiming continuance and payment of salary as an Assistant Teacher in the LT Grade in Public Higher Secondary School, Sampla Begumpur, District-Saharanpur which is an Institution recognized and governed by the provisions of the UP Intermediate Education Act, 1921 and the Regulations framed thereunder. Selections, appointments and related matters of teachers in recognized and aided institutions are governed by the provisions of the U.P. Secondary Education Selection Board Act, 1982 and the Rules and Regulations framed thereunder coupled with the Removal of Difficulties Orders enforced from time to time. The power of the management to make appointments including that on adhoc basis came to be discussed and considered in detail in the Full Bench decision of our Court in the case of Radha Raizada Vs. U.P. Secondary Education Services Selection Board & Others reported in 1994 (2) ESC 345. For appointment against a leave vacancy on short term basis, the U.P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981, Clause 2(b) and (c) wer

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