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1 - 10 of 11 (0.29 seconds)Ajay Pratap Rai S/O Raj Narayan Rai vs District Basic Education Officer, C/M ... on 15 March, 2007
20. The view taken by Division Bench in Ajay Pratap Rai Vs. District Basic Education Officer (supra) has been reiterated by another Division Bench in Manju Awasthi and others Vs. State of U.P. and others 2013 (3) ADJ 64 (DB). Once a Junior High School ceased to continue with a separate entity, provisions relating to selection and appointment of Teachers applicable to Junior High School will not apply and entire Institution as a whole will be a Secondary Educational Institution and governed by provisions of Statute applicable to a Secondary Institution. Therefore, the view taken by learned Single Judge, we find, is consistent with the authorities discussed above. We find no legal infirmity therein so as to warrant interference in these appeals.
Smt. Manju Awasthi & Others vs State Of U.P. & Others on 6 November, 2012
20. The view taken by Division Bench in Ajay Pratap Rai Vs. District Basic Education Officer (supra) has been reiterated by another Division Bench in Manju Awasthi and others Vs. State of U.P. and others 2013 (3) ADJ 64 (DB). Once a Junior High School ceased to continue with a separate entity, provisions relating to selection and appointment of Teachers applicable to Junior High School will not apply and entire Institution as a whole will be a Secondary Educational Institution and governed by provisions of Statute applicable to a Secondary Institution. Therefore, the view taken by learned Single Judge, we find, is consistent with the authorities discussed above. We find no legal infirmity therein so as to warrant interference in these appeals.
Uttar Pradesh Intermediate Education Act, 1921
The U.P. Basic Education Act, 1972
The U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978
Rana Vijendra Pratap Singh vs State Of U.P. on 16 January, 2019
3. Special Appeal No. 503 of 2009 (hereinafter referred to as "Appeal-1") relates to Writ Petition No. 5512 of 2018 (Rana Vijendra Pratap Singh Vs. State of U.P.) decided vide judgment under appeal. Writ Petition was filed by sole petitioner Rana Vijendra Pratad Singh (hereinafter referred to as petitioner-respondent-7 in Appeal-1) praying for a writ of certiorari quashing the order dated 24.01.2018 whereby District Basic Education Officer (hereinafter referred to a "DBEO") cancelled transfer order dated 22.10.2016 transferring petitioner-respondent-7 in Appeal-1 from Chakphool Kisan Majdoor Inter College, Chakfool, Ballia to Janta Uchchaytar Madhyamik Vidyalaya, Singhpur, Ballia passed by the then DBEO, Ballia and he was directed to join his original post of Assistant Teacher in the parent School, i.e., Chakphool Kisan Majdoor Inter College, Chakphool, Ballia.
The U.P. Secondary Education Services Selection Board Act, 1982
State Of U.P. And Anr. vs District Judge, Varanasi And Anr. on 5 December, 1984
19. Further this issue that a Junior High School when upgraded or recognized upto High School looses its identity as Junior High School has also has been considered by a Full Bench in State of U.P. and others Vs. District Judge, Varanasi and others 1981 UPLBEC 336, and it has been held that after a basic school or a Junior High School is upgraded as a High School or an Intermediate College, the identity of Institution as basic school or Junior High School is lost. It ceases to exist as a legal entity and in its place another institution with a new legal entity comes into being. In fact Section 13-A was inserted after the aforesaid judgment of Full Bench so as to continue payment of salary from State Exchequer under the provisions of Act, 1978.
Shrikant Singh vs State Of U.P. And Others on 16 July, 2010
11. Special Appeal No. 438 of 2019 (hereinafter referred to as "Appeal-5") has been filed by Shrikant Singh and Vibha Singh assailing judgment dated 16.01.2019 insofar as it relates to Writ Petition No. 13274 of of 2017 (Shrikant Singh and others Vs. State of U.P. and others). The writ petition was filed initially by four petitioners, namely, Srikant Singh, Vibha Singh, Pankaj Kumar Singh and Jitendra Pratap Yadav praying for a writ of certiorari for quashing order dated 12.09.2016 passed by DBEO, Chandauli holding appointment of petitioners invalid and consequently rejecting petitioners' representation. Facts in brief disclosed in the writ petition are that Janta Junior High School, Nai Bazar, Mahesua, Sakaldiha, Chandauli was recognized and aided Junior High School governed by the provisions of U.P. Act, 1972 and Act, 1978. The Institution was granted recognition by U.P. Board upto High School though the said recognition was without any financial assistant. It is said that posts existing in the Institutions, were such which were sanctioned by competent authority under the provisions of Act, 1978 in the Junior High School and no new post was sanctioned for the High Schools Classes. There were four posts of Assistant Teacher vacant hence Management proceeded to make appointment for the said post in accordance with provisions of Rules, 1978. The selection was held on 24.09.2015 and petitioners were selected. The documents were forwarded to DBEO, Chandauli for his approval but having received no response, petitioner Srikant Singh filed Writ Petition No. 14061 of 2016 and petitioners Pankaj Kumar Singh and Jitendra Pratap Yadav filed Writ Petition No. 24750 of 2016. Both were disposed of vide judgment dated 31.03.2016 and 25.05.2016 directing DBEO, Chandauli to take a decision in the matter of selection and appointment of the said petitioners. Thereupon DBEO, Chandauli passed order dated 12.09.2016 rejecting claim of petitioners. Petitioners challenged order dated 12.09.2016 in Writ Petition No. 47111 of 2016 wherein following order was passed on 03.10.2016: