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2024 Supreme(All) 451

AJIT KUMAR
Rajendra Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Shri Ram Pandey, Kapil Kumar, Kuldeep Saxena, Pradeep Kumar Pandey, Vijit Saxena, Yogendra Singh Bohra
For the Respondent: Pradeep Kumar Pandey

JUDGMENT :

1. Heard Sri Y.S. Bohra, learned counsel for the petitioner, Sri Pradeep Kumar Pandey, learned counsel for respondent No.4 and learned Standing Counsel for the State-respondents.

2. Petitioner before this Court is aggrieved by the order dated 31.12.2020 whereby the Regional Joint Director of Education recalled the earlier regularisation order granted to the petitioner on 12.12.1995 under Section 33-B of the UP Secondary Education Service Commission Act, 1982 (for short, "Commission Act, 1982").

3. Twin arguments have been advanced by the learned counsel for the petitioner: (a) once the regional selection Committee had accorded regularisation to the petitioner under its resolution/decision dated 12.12.1995, the Regional Joint Director of Education (I) Region Meerut himself was not authorised to recall such regularisation order and cancel the same. Thus, according to learned counsel for the petitioner, the order impugned is bad for coram non judice; and (b) the order had been passed recalling the order of regularisation without giving any notice much less a show cause notice to the petitioner even though the order impugned was to have adverse civil consequences.

4. It is submi

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