High Court of Judicature at Allahabad
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Ramesh Kumar v. Secretary, U.P. Madhyamik Shiksha Sewa Chayan B. & Another - WRIT - A No. 29478 of 2006  RD-AH 10359 (25 May 2006)
Hon. Tarun Agarwala,J.
The petitioner is a selected candidate and was recommended by the Board to join the institution concerned but was not allowed to join. The District Inspector of Schools in his letter has stated that there is no vacancy in the institution concerned.
On the other hand Sri A.K.Yadav, the learned counsel for the Selection Board has submitted, on the instructions received from the Selection Board, that the vacancy was notified by the Management and duly verified by the District Inspector of Schools and thereafter intimated to the Board. Therefore, there is no error on the part of the Selection Board in recommending the name of the petitioner in the institution concerned.
In view of the aforesaid, I direct the Director of Secondary Education to make an inquiry under Section 17 of the U.P. Secondary Education (Service Selection Board) Act, 1982, and pass an order within one month from the date of the receipt of the certified copy of this order. In the event the Director of Education finds that a vacancy exists in the institution, he will ensure compliance of the order of the Board. In the event the Director finds that no vacancy exists in the institution, he will intimate the Selection Board and the Board in turn will pass a fresh order within two weeks thereafter allocating another institution in favour of the petitioner for his appointment.
The writ petition is disposed of in terms of the aforesaid direction.
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