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Showing contexts for: Intermediate Act in Rakesh Chandra Misra vs State Of U.P. And Ors. on 16 September, 2004Matching Fragments
9. Section 32 of the Selection Board Act says that the provisions of U.P. Intermediate Education Act and the Regulations made therein in so far as they are not inconsistent with provisions of this Act or the Rules made there under shall continue to be in force for the purposes of selection, appointment, promotion, dismissal, removal, termination or reduction in rank of a teacher.
10. The aforesaid provision makes it clear that the provisions of the U.P. Intermediate Education Act, which are inconsistent with the provisions of Selection Board Act would have to give way to the provisions of the later Act.
11. All the institutions which are recognized under the provisions of U.P. Intermediate Education Act, 1921 and are governed by the said Act and the Regulations framed there under, are governed for the purposes of Payment of Salary, by U.P. High School and Intermediate College (Payment of Salaries to the Teachers and other Employees) Act, 1971.
12. The argument of the petitioners that their appointments would still be protected by referring them to the provisions of Regulation 9 of Chapter II or Section 16-E (11) of the U.P. Intermediate Education Act, has to be considered in the light of the Scheme of the Selection Board Act, 1982, as it stood amended from time to time and the Rules and Regulations framed there under and at the same time, the provisions of U.P. Intermediate Education Act and the Rules and Regulations framed there under.
Provided that in respect of retrenched employees, the provisions of Section 16-EE of the Intermediate Education-Act, 1921, shall mutatis mutandis apply.
Provided further that the appointment of a teacher by. transfer from one Institution to another, may be made in accordance with the regulations made under clause (c) of sub-section (2) of Section 16-G of the Intermediate Education Act, 1921.
(2) Any appointment made in contravention of the provisions of sub-section (1) shall be void."
31. The Act apart from making certain other amendments in the Principal Act, omitted Section 18 of the said Act Section 34 and the Schedule to the Principal' Act were also omitted.
55. Section 32 of the Selection Board Act gives limited application to the provisions of U.P. Intermediate Education Act, in the matter of making selection, appointment, promotion, dismissal, removal, termination or reduction in rank of a teacher namely to the extent of the provisions of the said act, which are not inconsistent to the provisions of U.P. Act No. 5 of 1982. Section 32 of the Act reads as under :
Section 32 of the Selection Board Act reads as under :
"32. Applicability of U.P. Act II of 1921.-The provisions of the U.P. Intermediate Education Act, 1921 and the Regulations made thereunder in so far as they are not inconsistent with the provisions of this Act or the Rules made thereunder shall continue to be in force for the purposes of selection, appointment, promotion, dismissal, removal, termination or reduction in rank of a teacher".