JAS INTER COLLEGE KHURJA, U.P. AND ORS. versus STATE OF U.P. AND ORS.

JAS INTER COLLEGE KHURJA, U.P. AND ORS. versus STATE OF U.P. AND ORS.

Ad hoc teachers appointed by the college are valid only pending disposal of the writ petition and must be replaced by candidates selected by the Commission in accordance with the Act; they have no right or equity from such ad hoc appointment.

Parties
Petitioner: J.A.S. INTER COLLEGE KHURJA, U.P.; Respondent: State of U.P.; Respondent: U.P. Secondary Education Service Commission
Jurisdiction
India
Judgment Date
08 July 1996
Procedural Posture
Writ Petition / Disposal of Interlocutory Application and Writ Petition
Outcome
Petition disposed of
Legal Topics
Ad Hoc Appointment of Teachers, Powers and Procedure Under U.p. Secondary Education Service Commission and Selection Board Act, 1982, Removal of Difficulties Order, 1981
Service Law Ad Hoc Appointment of Teachers Powers and Procedure Under U.p. Secondary Education Service Commission and Selection Board Act, 1982 Removal of Difficulties Order, 1981

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Parties

J.A.S. INTER COLLEGE KHURJA, U.P.

Petitioner

State of U.P.

Respondent

U.P. Secondary Education Service Commission

Respondent

Procedural Posture

Writ Petition / Disposal of Interlocutory Application and Writ Petition

Legal Issues

  1. 1 Whether ad hoc appointment of teachers by the petitioner college is valid pending disposal of the writ petition
  2. 2 Under what circumstances do ad hoc appointments cease to have effect under Section 18 of the U.P. Secondary Education Service Commission and Selection Board Act, 1982

Ratio Decidendi

Ad hoc teachers appointed by the college are valid only pending disposal of the writ petition and must be replaced by candidates selected by the Commission in accordance with the Act; they have no right or equity from such ad hoc appointment.

Court Disposition

Petition disposed of

Orders

  • Application disposed of
  • Ad hoc teachers remain until replaced by Commission-selected candidates