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2021 Supreme(All) 854

DINESH KUMAR SINGH
Rakesh Kumar – Appellant
Versus
State Of U. P Thru Secy Secondary Edu Lko – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Yogendra Kumar Mishra, K.B Pandey

JUDGMENT :

1. The present writ petition under Article 226 of the Constitution of India has been filed for quashing of the order dated 27.12.2016 passed by the District Inspector of Schools, Gonda upholding the order dated 20.10.2014 passed by the committee of management terminating the services of the petitioner on the ground that the petitioner does not possess the requisite qualification for appointment as Teacher in the attached primary school of the Vivekanand Inter College, Gonda, whereas under sub-section (2) of Section 16 of the Intermediate Education Act, 1921 (for short ‘Act, 1921’), the requisite qualification for a Teacher of attached primary school is graduation plus C.T./B.T.C./H.T.C. or equivalent qualification and in the event of non-availability of B.T.C. trained person, person with B.Ed. degree qualification is eligible for appointment.

2. Swami Vivekanand Inter College, Gonda (hereinafter referred to as ‘the institution’) is recognised and Government aided institution, which imparts education upto Intermediate classes. It imparts education from Class-I to Class-XII. It is governed under the provisions of the Act, 1921 as well as Uttar Pradesh High Schools and Interm

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