Pragati Dwivedi vs State Of U. P. - 2021 Supreme(All) 1486

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 1486

SALIL KUMAR RAI
Pragati Dwivedi – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rakesh Pandey
For the Respondent: Bajrang Bahadur Singh, Krishna Kumar Chand, Satya Prakash Singh

JUDGMENT :

1. The facts of the case are that Shanta Smarak Kanya Inter College, Meerut (hereinafter referred to as, 'Institution') is an 'institution' as defined in Section 2(b) of the Uttar Pradesh Intermediate Education Act, 1921 (hereinafter referred to as, 'Act, 1921') and receives maintenance grant from the State Government. The Institution is governed by the Act, 1921 and the Regulations framed thereunder. Selections to the post of Lecturers in recognized and aided institutions are held by the Uttar Pradesh Education Services Selection Board, Prayagraj (hereinafter referred to as, 'Board'). The procedure for selection of Lecturers is prescribed in Uttar Pradesh Secondary Education Services Selection Board Rules, 1998 (hereinafter referred to as, 'Rules, 1998'). Under Section 16(E) of the Act, 1921 the Committee of Management of a recognized institution is the appointing authority of the Teachers of the institution but under the Rules 1998, the Committee of Management of the institution is liable to issue an appointment letter to any candidate selected for appointment and allocated the institution by the Board.

2. Smt. Krishna Sharma and Smt. Shashi Maratha, Lecturers in the ins