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Vijendra Singh v. State Of U.P. And Others - WRIT - A No. 46724 of 2003 [2005] RD-AH 690 (9 March 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Tarun Agarwala, J.

Heard Sri Vinod Kumar Singh, the learned counsel for the petitioner, the learned Standing Counsel for the respondents and Sri B.S.Gupta, holding brief of Sri S. K. Misra for the Committee of Management.

The petitioner was appointed as an Assistant Teacher in L.T.Grade on 21.12.1995. The District Inspector of Schools by the impugned order dated 18.9.2003 has refused to grant approval to appointment of the petitioner on the post of Assistant Teacher in L.T. Grade in the institution run by respondent no.4. One of the ground for rejection is that the appointment was made in violation of the Circular dated 9.6.1995. In my view, this controversy has been squarely decided by a decision of this Court in Mukesh Kumar vs. State of U.P. and others, reported in 1996(2) U.P.L.B.E.C. 783, in which it was held that short term vacancy are not substantive in nature are required to be filled up by the Management under the Removal of Difficulty Order and that the Circular dated 9.6.1995 is not applicable.

In view of the aforesaid, writ petition is allowed. The impugned order dated 10.9.2003 is quashed and a direction is given to the District Inspector of Schools to re-examine the case as directed by the Court in the judgment of Mukesh Kumar (supra), within three months from the date a certified copy of this order is produced.

Dated: 10.3.2005

AKJ (WP 46724/03)


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