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State of Uttar Pradesh - Section

Section 21B in The U.P. Secondary Education Services Selection Board Act, 1982

21B. Absorption of reserve pool teachers

. - (1) The Inspector shall maintain in the prescribed manner a register of "reserve pool teachers" consisting of subject-wise lists of persons who were appointed as teachers in any institution situated in the district, either by the Management or by the Inspector under sub-section (4) of Section 4 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971, while the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) (Amendment) Ordinance, 1977, was in force, and who had actually joined their duties in pursuance of the said provision between January 9,1978 and January 19, 1978 (both days inclusive).
(2)Every reserve pool teacher, who having been appointed to the post of a teacher in any institution in accordance with the provisions of the Uttar Pradesh High School and Intermediate Colleges (Reserve Poll Teachers) Ordinance, 1978 (U.P. Ordinance No. 10 of 1978) or the Uttar Pradesh High School and Intermediate Colleges (Reserve Pool Teachers) (Second) Ordinance, 1978 (U.P. Ordinance No. 22 of 1978), continues to be in service by reason of any order of any Court or by any other reason shall be deemed to have been regularly appointed to such post and shall be entitled to be confirmed in such post with effect from the date on which he would have been confirmed in the normal course.
(3)Where any substantive vacancy in the post of a teacher in an Institution is to be filled by direct recruitment, such post shall at the instance of the Inspector be offered by the Management to a teacher other than a teacher referred to in sub-section (2) whose name is entered in the register referred Lo in sub-section (1).
(4)If any teacher is offered appointment in accordance with the provisions of sub-section (3) and he fails to join the post within the time allowed therefor which shall not be less than seven days, his name shall be removed from the register referred to in sub-section (1) and the appointment shall be offered to the next reserve pool teacher of the same district in the subject.
(5)If such other teacher to whom offer of appointment is made also fails to join then the same process shall be repeated until the list of reserve pool teachers of the district in the subject is exhausted.
(6)No appointment of any teacher to an Institution shall be made under Section 16 until the list of reserve pool teachers of that district in the subject concerned is exhausted in accordance with sub-section (5).Explanation. - For the removal of doubts, it is hereby declared that no teacher shall by virtue of the provisions of this section be entitled to claim appointment to any particular post which he had joined in the manner referred to in sub-section (1) or to any other post carrying the same or a higher grade.[21C. Power of Director regarding transfer. - (1) Where the vacancies available for teaching in any subject are less than the number of reserve pool teachers available for appointment in any district, or where it is otherwise necessary or expedient so to do, the Director may, notwithstanding anything contained in Section 21-B, direct that the name of any such teacher be excluded from the register maintained in one district and be included in the register maintained in another district.
(2)Where the name of a reserve pool teacher is included in the register of another district in accordance with the provisions of sub-section (1), the provision of Section 21-B shall mutatis mutandis apply to such a teacher, except that the requirement of service as a teacher in such district shall not be necessary.] [Inserted by U.P. Act No. 19 of 1985 (w.e.f. 12.6.1985).]