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2024 Supreme(All) 459

ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Ashika Prasad Shukla – Appellant
Versus
District Inspector Of Schools – Respondent


Advocates Appeared:
For the Appellant : Shivendu Ojha,Shi Radha Kant Ojha
For the Respondent: C.S.C.,Satyendra Chandra Tripathi

JUDGMENT :

1. This appeal is directed against the judgment and order dated 31.10.2018, passed by learned Single Judge in Writ-A No.5050 of 2001, whereby the claim of appellant-petitioner of appointment as Assistant Teacher is turned down primarily on the ground that the procedure prescribed in Clause 2(3)(ii)&(iii) of Uttar Pradesh Secondary education Services Commission (Removal of Difficulties) Second Order, 1981 (hereinafter referred to as ‘Second Order of 1981’) was not followed and consequently the appointment of appellant-petitioner was nullity.

2. There exists an educational institution known as Krishak Inter College, Kashauta, Allahabad (Prayagraj) [hereinafter referred to as ‘Institution’], which is duly recognized under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as ‘Act of 1921’) and provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are applicable upon it. The provisions of U.P. Secondary Education Service Selection Boards Act, 1982 (hereinafter referred to as ‘Act of 1982’) regulated the appointment of Teachers in the Institution.

3. Vide letter/order dated 13.11.19

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