High Court of Judicature at Allahabad
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Awadhesh Kumar Saxena v. U.P. Secondary Education Services Commission And Others - WRIT - A No. 28931 of 1996  RD-AH 9399 (17 May 2007)
Sri Ram Ashrey- respondent no. 6 was duly selected candidate and his appointment was in accordance with the procedures prescribed in the Recruitment Rules. As already stated above, the petitioner was appointment for exigency of work against short term vacancy and did not undergo any recruitment process. In view of aforesaid factual position, the petitioner has no right to claim his regularization undere Section 33-B of U.P. Act No. 5 of 1982 in preference to a duly selected candidate, namely, Sri Ram Ashrey, respondent no. 6. The petitioner was never appointed against a substantive vacancy hence he has no vested right to claim regularization particularly in view of the fact that selected candidates by the Commission have joined the posts.
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