OM PRAKASH RANA ETC. ETC. versus SWARUP SINGH TOMAR & ORS. ETC. ETC.

OM PRAKASH RANA ETC. ETC. versus SWARUP SINGH TOMAR & ORS. ETC. ETC.

Upon the constitution of the Commission under the U.P. Secondary Education Services Commission and Selection Boards Act, 1982, it is no longer possible for vacancies in the post of Principal, Headmaster, or teacher to be filled by transfer under s.16-G(2)(c) of the U.P. Intermediate Education Act, 1921; all such appointments must be made on recommendation of the Commission.

Parties
Appellant: Om Prakash Rana; Respondent: Swarup Singh Tomar; Appellant: District Inspector of Schools, Meerut; Petitioner: Shashi Pal Singh
Jurisdiction
India
Judgment Date
09 May 1986
Procedural Posture
Civil Appeal and Special Leave Petition / Final Judgment by Supreme Court
Outcome
Appeals and Special Leave Petition dismissed
Legal Topics
Appointment of Principals, Transfer of Teachers, Effect of U.p. Secondary Education Services Commission Act, 1982
Education Law Appointment of Principals Transfer of Teachers Effect of U.p. Secondary Education Services Commission Act, 1982

Case Brief

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Parties

Om Prakash Rana

Appellant

Swarup Singh Tomar

Respondent

District Inspector of Schools, Meerut

Appellant

Shashi Pal Singh

Petitioner

Procedural Posture

Civil Appeal and Special Leave Petition / Final Judgment by Supreme Court

Legal Issues

  1. 1 Whether the provisions of s.16-G(2)(c) of the U.P. Intermediate Education Act, 1921 and Regulations permitting transfer of Principals continue to operate in light of the U.P. Secondary Education Services Commission and Selection Boards Act, 1982
  2. 2 Whether vacancies in the post of Principal can be filled by transfer after the commencement of the Services Commission Act

Ratio Decidendi

Upon the constitution of the Commission under the U.P. Secondary Education Services Commission and Selection Boards Act, 1982, it is no longer possible for vacancies in the post of Principal, Headmaster, or teacher to be filled by transfer under s.16-G(2)(c) of the U.P. Intermediate Education Act, 1921; all such appointments must be made on recommendation of the Commission.

Court Disposition

Appeals and Special Leave Petition dismissed

Orders

  • Appointment by transfer of the appellant as Principal after July 10, 1981 is void under s.16(1)(a) of the Services Commission Act.
  • Respondent's continuation as Principal is not open to challenge by appellant.