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AJIT KUMAR
C/M Vaidik Kanya Inter College – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Ajit Kumar, J.
Heard Sri Bheem Singh, learned counsel appearing for the petitioner Committee of Management Vaidik Kanya Inter College, Dadri, District Gautam Budh Nagar in Writ A No. 7096 of 2020 and on behalf of Smt. Anupama in Writ A No. 3608 of 2021 and Sri Jagannath Singh, learned counsel appearing for petitioner Smt.Ratan Prabha in Writ A No. 866 of 2020 and Writ A No. 9586 of 2021. In all the writ petitions controversy relates to seniority between one Smt. Ratan Prabha and Anupama in the institution so as to hold charge of officiating Principal. Smt. Anupama has been permitted by the Committee of Management to officiate as Principal of the institution. In Writ A No. 7096 of 2020 and in Writ A No. 3608 of 2021, the order passed by the Regional Joint Director of Education dated 25.10.2019 holding the petitioner senior most lecturer is under challenge. In Writ A No. 866 of 2020, the prayer is to the effect to direct the Committee of Management to give effect to the order passed by the Regional Joint Director of Education i.e. directing the petitioner to be the senior most teacher in the institution, whereas in Writ A No. 9586 of 2021, the officiating charge given to Smt.
The court established that interim orders do not invalidate prior valid selections and that seniority must be determined based on actual service and selection dates.
Point of Law : Education Officer (Secondary) can exercise jurisdiction to determine any inter se dispute as regards seniority that has been referred to him under Rule 12(3) of the said Rules till suc....
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
The main legal point established in the judgment is the importance of following the provisions of Rule 12 of the Maharashtra Employee of Private Schools (Conditions of Services) Regulation Rules, 198....
The main legal point established is that seniority is determined based on substantive appointment and age, as specified in the regulations of the Intermediate Education Act, 1921, overriding the time....
The court upheld the Single Judge's decision, emphasizing the importance of seniority and misconduct in determining appointment validity under established legal principles.
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