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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.

Provided also that the dependent of a teacher or other employee of an Institution dying in harness, who possesses the qualifications prescribed under the Intermediate Education Act, 1921 may be appointed as teacher in Trained Graduate's Grade in accordance with the regulations made under Sub-section (4) of Section 9 of the said Act.

10. A bare perusal of the provisions of Section 16 of UP. Act No. 5 of 1982 would go to show that appointment has to be made only on the recommendation of the Board. It has also been provided that every appointment of a teacher, on or after the date of the commencement of the Uttar Pradesh Secondary Education Service Selection Board (Amendment) Ordinance, 2000 has to be made by the management only on the recommendation of the Board. Any appointment made in contravention of the provisions of Sub-section (1) shall be void. Proviso to Section 16 of U.P. Act No. 5 of 1982 provides that in respect of retrenched employees, the provisions of Section 16-EE of the Intermediate Education Act, 1921 shall apply mutatis mutandis, and further 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.

11. Under Section 4 of U.P. Act No. 24 of 1971, District Inspector of Schools has been vested with the authority to inspect or cause to be inspected any institution or call for such information and records from its management with regard to the payment of salaries to its teachers or employees or give to its management any direction for the observance of such cannons of financial propriety, which is inclusive of any direction in regard to retrenchment of any teacher or employee, as he thinks fit. Sub-section (2) of Section 4 provides that where a direction under Sub-section (1) has been given for retrenchment of any teacher or employee, it has to be complied with in accordance with the provisions of the Intermediate Education Act, 1921 and the regulations or, as the case may be, the condition of his service. Under U.P. Intermediate Education Act, 1921, full fledged procedure has been given, which is to be complied with.

13. Much emphasis has been laid by Sri Ashok Khare, Senior, Advocate, that such power can be inferred under Section 4 of U.P. Act No, 24 of 1971. Under Section 4 of U.P. Act No. 24 of 1971, District Inspector of Schools has authority to give direction for retrenchment of any teacher, and thereafter follow-up action has to be taken as per provisions contained under U.P. Intermediate Education Act, 1921. Till date District Inspector of Schools has not given any direction in terms of Sub-section (2) of Section 4 of U.P. Act No. 24 ot 19/1 and no further follow-up action, as envisaged under Section 16EE of U.P. Intermediate Education Act, 1921, has been undertaken, as such argument advanced is totally misconceived and without any substance. Therefore, the Joint Director of Education and the District Inspector of Schools were not authorized to have issued direction for adjustment of Raksh Pal Sharma, as has been sought to be done in the present case, as till date he does not fall within the scope and definition of retrenched employee.