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Mumtax Ahmad vs Deputy Director Of Education, ... on 6 August, 1999

698 and in the case of Mumtax Ahmed Vs. Deputy Director of Education, Allahabad and others, 1999 3 AWC 2667 (DB). Therefore, it is clear that the provisions of Regulation-20, Chapter-II of the Intermediate Education Act, 1921, have become redundant after the enforcement of U.P. Secondary Education Services Selection Commission Act, 1982 and the Committee of Management has been stripped of its power to make substantive appointment. The power to make such appointments is vested in Commission constituted under the provisions of the Act of 1982. The Management, however, has authority to make adhoc appointments in certain circumstances and after observing the procedure prescribed under the law, till regularly selected candidates by the Commission joins. Therefore, the objection of the respondent no.2 that the vacancy in the Institution was not filled within a period of 3 months by advertisement and therefore the post stood surrendered can not be justified. Therefore, the D.I.O.S. was not justified in passing the impugned order dated 11.05.1989, refusing to approve the appointment of the petitioner on the ground that the post stood surrendered as per Regulation-20 of Chapter-II of the Intermediate Education Act, 1921 or the order dated 13.04.2013 on the ground that there was no vacant post available for appointment of the petitioner on the ground that the post held by him stood surrendered, as per the Regulation aforesaid.
Allahabad High Court Cites 0 - Cited by 5 - U S Tripathi - Full Document
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