# Committee of Management v. State of U.P. and others

- **Citation:** (2010) 3 ILRA 1255
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2010-11-11
- **Case number:** Civil Misc. Writ Petition No. 63201 of 2010
- **Bench:** V.K. Shukla
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/committee-of-management-v-state-of-u-p-and-others-41761
- **Pages:** 22

## Headnote

U.P. Intermediate Education Act 1921Section-7-A-Power
of
committee
management
placing
the
part
time
teachers, Head of Institution under
supervision-institution not within grantin-aid-whether management empowered
to suspend ? Held-"Yes", view taken by
DIOS not proper to this extent-so for
entitlement of salary as per direction of
DIOS-affirmed-direction
to
conclude
disciplinary
proceeding
withtin
time.bound period-issued.

Held: Para 15, 21, and 22.

Once this is accepted position that the
appointment of Hari Prakash Tiwari had
been made after following the procedure
as provided for under the Government
order meant for part time teachers and
part-time instructors, then in such a
situation and in this background, the
protection as is envisaged under Section
16G of U.P. Act No. 2 of 1921 is available
or not, is the core issue.

Legal position on the subject is thus,
clear that even in reference to part-time
teachers, though it is not provided in the
Government Order dated 10.08.2001, as
the Committee of Management is vested
with the authority to take disciplinary
proceedings,
and
during
this
interregnum period till said proceedings
are not finalised, the Committee of
Management in exercise of its authority
vested under Section 16 of the U.P.
General Clauses Act is empowered to
pass order of suspension. The authority
of the Committee of Management of the
institution in reference to part time
teachers to pass order of suspension
cannot be doubted on any score. Hon'ble
Apex Court in the case of L.K. Verma vs.
HMT Ltd., !IR 2006 SC 975, has taken the
view that there are three kinds of
suspension;
(I)
suspension
may
be
passed by way of punishment in terms of
Conduct Rules; (ii) suspension can be
passed in exercise of inherent power, in
the sense that work may not be taken
from the delinquent official, but in that
event salary has to be paid; and (iii)
suspension order can be passed if there
exist provisions in the Rules laying down
that in place of full salary the delinquent
would
be
entitled
to
subsistence
allowance only.

In
such
a
situation
and
in
this
background, once the Committee of
Management of the institution happens
to be the employer qua part time
teachers, then to say and suggest that it
has
got
no
authority
to
place
an
incumbent
under
suspension
or
undertake
disciplinary
proceedings,
cannot be accepted by any stretch of
imagination, as an employer, it has
inherent power to place an employee
under suspension, and in the absence of
Rules providing that in place of full
salary the part time teacher would be
entitled to subsistence allowance. Part
time
teacher
would
be
temporarily
prevented from discharging duty, but
salary would be ensured to him.
Case law discussed:
(1999) 1 UPLBEC 1, 2000 (4) AWC 2767, 2000
(1) UPLBEC 2327, 2000 (4) ESC 2828, 2001
(1) UPLBEC 701, Writ Petition No. 1070 of
2001, 2003 (3) ESC 1388, Writ Petition No.
58230 of 2005,AIR 2006 SC 975
1256 INDIAN LAW REPORTS ALLAHABAD SERIES [2010

## Text

_Characters 0–39,833 of 74,544. This is a partial read: ask again with offset=39833 for what follows._

3 All] Committee of Management V. State of U.P. and others
1255
ORIGINAL JURISDICITON
CIVIL SIDE]
DATED: ALLAHABAD 11.11.2010

BEFORE
THE HON'BLE V.K. SHUKLA, J.

Civil Misc. Writ Petition No. 63201 of 2010

Committee of Management ...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Sri Ashok Mehta

Counsel for the Respondents:
Sri Sunil Kumar Srivastava
C.S.C.

U.P. Intermediate Education Act 1921Section-7-A-Power
of
committee
management
placing
the
part
time
teachers, Head of Institution under
supervision-institution not within grantin-aid-whether management empowered
to suspend ? Held-"Yes", view taken by
DIOS not proper to this extent-so for
entitlement of salary as per direction of
DIOS-affirmed-direction
to
conclude
disciplinary
proceeding
withtin
time.bound period-issued.

Held: Para 15, 21, and 22.

Once this is accepted position that the
appointment of Hari Prakash Tiwari had
been made after following the procedure
as provided for under the Government
order meant for part time teachers and
part-time instructors, then in such a
situation and in this background, the
protection as is envisaged under Section
16G of U.P. Act No. 2 of 1921 is available
or not, is the core issue.

Legal position on the subject is thus,
clear that even in reference to part-time
teachers, though it is not provided in the
Government Order dated 10.08.2001, as
the Committee of Management is vested
with the authority to take disciplinary
proceedings,
and
during
this
interregnum period till said proceedings
are not finalised, the Committee of
Management in exercise of its authority
vested under Section 16 of the U.P.
General Clauses Act is empowered to
pass order of suspension. The authority
of the Committee of Management of the
institution in reference to part time
teachers to pass order of suspension
cannot be doubted on any score. Hon'ble
Apex Court in the case of L.K. Verma vs.
HMT Ltd., !IR 2006 SC 975, has taken the
view that there are three kinds of
suspension;
(I)
suspension
may
be
passed by way of punishment in terms of
Conduct Rules; (ii) suspension can be
passed in exercise of inherent power, in
the sense that work may not be taken
from the delinquent official, but in that
event salary has to be paid; and (iii)
suspension order can be passed if there
exist provisions in the Rules laying down
that in place of full salary the delinquent
would
be
entitled
to
subsistence
allowance only.

In
such
a
situation
and
in
this
background, once the Committee of
Management of the institution happens
to be the employer qua part time
teachers, then to say and suggest that it
has
got
no
authority
to
place
an
incumbent
under
suspension
or
undertake
disciplinary
proceedings,
cannot be accepted by any stretch of
imagination, as an employer, it has
inherent power to place an employee
under suspension, and in the absence of
Rules providing that in place of full
salary the part time teacher would be
entitled to subsistence allowance. Part
time
teacher
would
be
temporarily
prevented from discharging duty, but
salary would be ensured to him.
Case law discussed:
(1999) 1 UPLBEC 1, 2000 (4) AWC 2767, 2000
(1) UPLBEC 2327, 2000 (4) ESC 2828, 2001
(1) UPLBEC 701, Writ Petition No. 1070 of
2001, 2003 (3) ESC 1388, Writ Petition No.
58230 of 2005,AIR 2006 SC 975
1256 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
(Delivered by Hon'ble V.K. Shukla, J.)

1. The Committee of Management
of Acharya Raghubir Inter College,
Kanpur Nagar through its manager, Dr.
Arvind Dixit, has approached this Court,
questioning the validity of decision dated
30.08.2010 taken by the District Inspector
of
Schools,
Kanpur,
proceeding
to
disapprove
the
suspension
of
Hari
Prakash Tiwari as Principal of the said
College, with a further direction to ensure
payment of entire remuneration.

2. Brief background of the case, as
disclosed from the record, is that in the
district of Kanpur Nagar, there is a
recognized institution known as Acharya
Raghubir Inter College, Kanpur Nagar.
Affairs of the said institution are being
run and managed as per provisions of U.P.
Act No. 2 of 1921. Said institution in
question is not at all on grant-in-aid list of
the State Government, as such provisions
of U.P. Act No. 24 of 1971 are not at all
applicable to the said institution. The
institution in question has been accorded
VITT VIHIN recognition in terms of
Section 7A of U.P. Act No. 2 of 1921. In
the said institution Hari Prakash Tiwari
was appointed as its Principal in the year
1990; he has been functioning in the said
capacity and salary was being ensured to
him from the resources generated by the
Committee
of
Management
of
the
institution.
The
Committee
of
Management took over the charge in the
year 2008; allegation of the Committee of
Management was that the Principal of the
institution at no point of time had been
cooperating and at all point of time he
flouted the directives issued by the
Committee of Management. In such a
situation and in this background, the
Committee of Management resolved to
place
Hari
Prakash
Tiwari
under
suspension on 25.05.2009. Charge sheet
dated 08.06.2009 was served on Hari
Prakash Tiwari, reply to which was
submitted by him on 27.07.2009. It
appears that, as nothing was being done
by the Committee of Management after
placing him under suspension, Hari
Prakash Tiwari preferred writ petition
No.67648 of 2009. This Court on
11.12.2009 asked the District Inspector of
Schools to look into the matter and take
appropriate
decision.
The
District
Inspector of Schools, thereafter, took the
proceedings and on 30.08.2010 proceeded
to pass order revoking the suspension on
the ground of lack of authority to pass the
order of suspension and further directed
for ensuring payment of salary. At this
juncture, present writ petition has been
filed by the Committee of Management.

3.

Sri Ashok
Khare,
Senior
Advocate, assisted by Sri Sunil Kumar
Srivastava, Advocate, appearing for Hari
Prakash Tiwari, at the very outset,
contended that his client does not intend
to file any counter affidavit and on the
basis of arguments advanced, writ petition
be heard and disposed of, as issue
involved involved in present case is one
of the jurisdiction, which requires no
pleadings, whatsoever. In such a situation
and in this background, present writ
petition is being finally heard and
disposed of with the consent of parties.
Learned standing counsel also consented
to this proposal.

4. Sri Ashok Mehta, Advocate
contended
with
vehemence
that
appointment of Hari Prakash Tiwari had
been made following the provisions as
contained under Section 7AA of U.P. Act
No. 2 of 1921, in such a situation and in
3 All] Committee of Management V. State of U.P. and others
1257
this background, the Committee of
Management of the institution in question
had got absolute authority to place the
incumbent under suspension, and the
District Inspector of Schools has got no
authority to set aside the aforementioned
order on the ground that under the
Government Order dated 10.08.2001 there
is no authority to place the incumbent
under suspension, as such writ petition
deserves to be allowed.

5.

Sri Ashok
Khare,
Senior
Advocate, countered the said submission
by contending that the provisions of
Section 16G (7) of U.P. Act No. 2 of 1921
are fully applicable and as suspension
order has not been approved within sixty
days, as such by operation of law, said
suspension order became non-existent; in
such a situation and in this background,
the order which has been passed, requires
no interference by this Court. Coupled
with this, it has also been sought to be
contended that the power of suspension
has been misused in the present case as
even the amount due has not been paid,
and further even after submission of reply
to the charge sheet not even a single step
has been taken up to conclude the
disciplinary proceedings and to bring the
same to its logical end, as such writ
petition, in the facts of the case, deserves
to be dismissed.

6.

Learned
standing
counsel
contended before this Court that since
both the contesting parties have argued
the matter, the issue being legal one, same
be answered accordingly.

7. In order to appreciate the
respective arguments advanced on behalf
of the parties, the relevant provisions,
which deal with the recognition and
employment of part time teachers or part
time instructor, are being looked into.

8. For Vitt Vihin recognition and
appointment
of
part-time
teachers/instructors, the provision has
been introduced, the State Government
issued
an
Order
dated
14.10.1986
followed by another Government Order
dated 03.08.1987. Relevant extract of the
said
Government
Orders
are
being
excerpted below:

^^b.VjehfM;V f'k{kk la'kks/ku v/;kns'k 1986

la[;k% 1826@l=g&fo&1&2 1⁄4d1⁄2 10@1986

y[kuÅ%fnukad 14 vDVqcj] 1986

vf/kfu;e 1921 dk vxzsrj la'kks/ku djus ds
fy, v/;kns'k

uke&1&;g v/;kns'k b.VjehfM;,V f'k{kk
1⁄4la'kks/ku1⁄2 v/;kns'k 1986 dgk

&fdlh u, fo"k; esa ;k fdlh mPp d{kk ds
fy, fdlh laLFkk dks ds [k.M 1⁄441⁄2 es fdlh ckr ds
gksrs gq, Hkh&

1⁄4d1⁄2 cksMZ] jkT; ljdkj ds iwokZuqeksnu ls]
fdlh laLFkk dks fdlh u, fo"k; ;k fo"k;ksa ds esa ;k
fdlh mPp d{kk ds fy, ekU;rk ns ldrk gS]

1⁄4[k1⁄2 fujh{kd fdlh laLFkk dks orZeku d{kk ds
u;k vuqHkkx [kksyus dks vuqKk ns ldrk gSA

/kkjk&7dd
va'kdkfyd
v/;kidksa
@
va'kdkfyd vuqns'kdksa dk lek;kstu& bl vf/kfu;e
esa fdlh ckr ds gksrs gq, Hkh] fdlh laLFkk dk
izcU/kkf/kdj.k]

1⁄4,d1⁄2 va'kdkfyd v/;kid dks] /kkjk 7dd ds
v/khu ftl fo"k; ;k fo"k;ksa ds oxZ ;k mPp d{kk ds
fy, ekU;rk nh xbZ gS] mlesa ;k orZeku d{kk ds
vuqHkkx ds fy, vuqKk nh xbZ gS] mlesa f'k{kk nsus ds
fy,]
1258 INDIAN LAW REPORTS ALLAHABAD SERIES [2010

1⁄4nks1⁄2 va'kdkfyd vuqns'kd dks] uSfrd f'k{kk ;k
lkekftd n`f"V ls mi;ksxh mRiknu dk;Z ds fy,
ekU;rk nh xbZ gS] mlesa ;k orZeku d{kk ds fy,
vuqHkkx ds fy, vuqKk nh xbZ gS] mlesa f'k{kk nsus ds
fy,]

vius lzksrksa ls lek;ksftr dj ldrk gSA

2& /kkjk 7d ds v/khu dksbZ ekU;rk vkSj dksbZ
vuqKk rc rd ugha nh tk,xh tc rd fd izcU/k
lfefr fujh{kd dks udn ;k cSad izR;kHkwfr ds :i esa
,slh izfrHkwfr u ns tSlh jkT; ljdkj ds }kjk le;
le; ij fofufnZ"V dh tk;A

3& fdlh laLFkk esa fdlh va'kdkfyd v/;kid
dks rc rd 'krksZa dk tSlh jkT; ljdkj }kjk ftl
fufeRr vkns'k }kjk fofufnZ"V dh tk;] vuqikyu
fd;k tk,a

4& dksbZ va'kdkfyd v/;kid ;k va'kdkfyd
vuqns'kd rc rd lsok;ksftr ugha fd;k tk;sxk tc
rd fd og ,slh U;wure vgZrk,a] tSlh fofgr dh
tk,] u j[krk gksA

5& fdlh va'kdkfyd v/;kid ;k va'kdkfyd
vuqns'kd dks ,slk ekuns; fn;k tk;sxk tSlk jkT;
ljdkj }kjk bl fufeRr lkekU; ;k fo'ks"k vkns'k
}kjk fu/kkZfjr fd;k tk;A

6& bl vf/kfu;e dh dksbZ ckr fdlh laLFkk
esa v/;kids ds :i esa igys ls dk;Zjr O;fDr dks
/kkjk 7dd ds v/khu va'kdkfyd v/;kid ;k
va'kdkfyd vuqns'k ds :i esa lsok;ksftr fd;s tkus
ls izokfjr ugha djsxhA

jkT;iky mRrj izns'k"

"foRrfoghu ekU;rk

la[;k%4166@15&8&3065@85

izs"kd]

Jh txnh'k pUnz xqIr]

izeq[k lfpo]

mRrj izns'k 'kkluA

f'k{kk 1⁄481⁄2 vuqHkkx

lsok esa]

1- f'k{kk funs'kd] m0iz0] y[kuÅ@bykgkcknA

2- f'k{kk funs'kd ,oa lHkkifr] ek0 f'k0i0]

m0iz0] bykgkckn @ y[kuÅ A

y[kuÅ% fnukad 3 vxLr] 1987

fo"k;%&
b.VjehfM;V
f'k{kk
1⁄4la'kks/ku1⁄2
vf/kfu;e] 1987 1⁄4mRrj izns'k vf/kfu;e la[;k 18
lu~ 1987 ds vUrxZr ekU;rk ,oa va'kdkfyd
v/;kidksa @ vuqns'kdksa dh O;oLFkkA

egksn;]

f'k{kk ds {ks= esa f'k{k.k ds fofHkUu fo"k;ksa esa
;Fkk dyk] O;olk; ,oa vU; fo"k;ksa esa LoSfPNd
vk/kkj ij LFkkuh; izfrHkk ,oa fo'ks"kKksa dh lsok
mi;qDr ekuns; ij lqyHk djus] dk;kZuqHko vFkok
lektksi;ksxh] mRiknd dk;z ,oa O;olkf;d /kkjk esa
f'k{k.k dh yphyh O;oLFkk lqfuf'pr djkus vkSj
,rnFkZ LFkkuh; leqnk; dh lgHkkfxrk izkIr djus
vkSj mls lalk/ku tqVkus gsrq izksRlkfgr djus dh
n`f"V ls b.VjehfM,V f'k{kk 1⁄4la'kks/ku1⁄2 vf/kfu;e]
1987 fnukad 30-7-87 cuk;k x;k gSA

2- bl 1⁄4la'kks/ku1⁄2 vf/kfu;e dh /kkjk 7d 1⁄4d1⁄2
ds vUrxZr ek/;fed f'k{kk ifj"kn] jkT; ljdkj ds
iwokZuqeksnu ls fdlh laLFkk dks fdlh u;s fo"k; esa ;k
fo"k;ksa esa oxZ esa ;k fdlh mPp d{kk ds fy;s ekU;rk
ns ldrh gS vkSj /kkjk 7d 1⁄4[k1⁄2 ds vUrxZr fujh{kd
fdlh laLFkk dks fdlh orZeku d{kk esa u;k vuqHkkx
[kksyus dh vuqKk ns ldrk gSA /kkjk 7d 1⁄411⁄2 ds
vUrxZr fdlh laLFkk dk izcU/kkf/kdj.k 1⁄4,d1⁄2
vkUrfjd O;oLFkk ds :i esa va'kdkfyd v/;kid
dks] /kkjk 7d ds v/khu ftl fo"k; ;k fo"k;ksa ds oxZ
;k mPp d{kk ds fy, ekU;rk nh x;h gS mlesa] ;k
orZeku d{kk ds ftl vuqHkkx ds fy, vuqKk nh xbZ
gS mlesa f'k{kk nsus ds fy,] 1⁄4nks1⁄2 va'kdkfyd
vuqns'kdksa dks] uSfrd f'k{kk ;k lkekftd n`f"V ls
mi;ksxh 1⁄4lektksi;ksxh1⁄2 mRiknd dk;z ds fy;s fdlh
O;kikj ;k f'kyi ;k O;olkf;d ikB~;dze esa vuqns'k
nsus ds fy, vius lzksr ls lsok;ksftr dj ldrk gSA

3- bl laca/k esa ;g Li"V fd;k tkrk gS fd
b.VjehfM;V f'k{kk 1⁄4la'kks/ku1⁄2 vf/kfu;e 1987 }kjk
va'kdkfyd v/;kidksa dks fu;ksftr djus fo"k;d ;g
vUrfje O;oLFkk gSA vxzsrj ;g Hkh Li"V fd;k tkrk
gS fd bl 1⁄4la'kks/ku1⁄2 vf/kfu;e ds ifjizs{; esa lEizfr
3 All] Committee of Management V. State of U.P. and others
1259
lkfgfR;d oxZ] xf.kr] foKku 1⁄4ftlesa x`g foKku
lfEefyr gS1⁄2 okf.kT; 1⁄4dkelZ1⁄2 rFkk d`f"k ls lEcfU/kr
fo"k;ksa dh gh ekU;rk fn;s tkus dh O;oLFkk gSA

4- va'kdkfyd lsok;kstu izcU/krU= ds futh
lzksrksa ij voyfEcr gSA bl gsrq vkSipkfjd in
l`tu dh vis{kk ugha gS ijUrq ,slk lsok;kstu Hkh
vf/kfu;e dh /kkjk 7d ds izko/kku ls fu;fU=r
jgsxkA

5- 7dd 1⁄421⁄2 ds vUrxZr /kkjk 7 d ds v/khu
fdlh ekU;rk vkSj vuqKk dks udn ;k cSad izR;kHkwfr
ds :i esa ,slh izfrHkwfr ls izfrcfU/kr gS tks le;
ij fofnZfuZ"V djsaA bl /kkjk ds v/khu izfrHkwfr ns;rk
fuEuor~ gS%&

1⁄4d1⁄2 gkbZLdwy dh uohu ekU;rk vFkkZr izFke
ckj gkbZLdwy dh ekU;rk fn;s tkus ij tks lqjf{kr
dks"k] izkHkwr vkfn dh 'krsZ ek/;fed f'k{kk ifj"kn
}kjk ekU;rk ds ekudksa ds vUrxZr fu/kkZfjr gS]
i;kZIr ekuh tk;sxh vkSj bl vf/kfu;e dh /kkjk
7dd 1⁄421⁄2 ds vUrxZr dksbZ vfrfjDr izfrHkwfr ns; u
gksxhA

1⁄4[k1⁄2 b.VjehfM;V dh uohu ekU;rk vFkkZr
izFke ckj gkbZLdwy ls b.Vj Lrj ij mPphd`r gksus
ij ek/;fed f'k{kk ifj"kn }kjk fu/kkZfjr lqjf{kr
dks"k] izkHkwr vkfn ds vykok /kkjk 7dd 1⁄421⁄2 ds
vUrxZr izR;sd oxZ 1⁄4lkfgfR;d] oSKkfud] x`gfoKku]
lfgr d`f"k ,oa dkelZ1⁄2 ds fy;s :0 5000@& 1⁄4:i;s
ikWap gtkj1⁄2 dh izfrHkwfr vfrfjDr ns; gksxhA b.Vj
Lrj ij vfrfjDr oxZ ds fy;s Hkh :0 5000@&
1⁄4:i;s ikWap gtkj1⁄2 dh izfrHkwfr ns; gksxhA

1⁄4x1⁄2 1⁄4gkbZLdwy1⁄2 vkSj b.Vj Lrj ij izR;sd
vfrfjDr fo"k; 1⁄4lkfgfR;d] foKku] x`g foKku
lfgr] xf.kr] d`f"k vkSj dkelZ ls lEcfU/kr 1⁄2 ds
fy;s /kkjk 7dd 1⁄421⁄2 ds vUrxZr :0 3000@& 1⁄4:i;s
rhu gtkj1⁄2 dh izfrHkwfr ns; gksxhA

1⁄4?k1⁄2 fujh{kd }kjk fdlh orZeku d{kk esa
vfrfjDr vuqHkkx [kksys tkus dh vuqefr nsus ij
lkekU;r;k dksbZ izfrHkwfr ns; u gksxh ijUrq ;fn
vfrfjDr vuqHkkx [kksys tkus ds QyLo:i
va'kdkfyd v/;kidksa dk lsok;kstu Hkh vHkh"V gks
rks :0 3000@& 1⁄4:i;s rhu gtkj1⁄2 dh izfrHkwfr ns;
gksxhA

6- bl 1⁄4la'kks/ku1⁄2 vf/kfu;e dh /kkjk 7dd 1⁄441⁄2
esa ;g izko/kku gS fd dksbZ va'kdkfyd v/;kid rFkk
va'kdkfyd vuqns'kd rc rd lsok;ksftr ugha fd;k
tk;sxk rc rd fd og ,slh U;wure vgZrk;sa] tSlh
foghr dh tk;] u j[krk gksA bl lEcU/k esa ;g
Li"V fd;k tkrk gS fd va'kdkfyd v/;kidksa ds
fy;s Hkh ogh U;wure vgZrk,a ykxw gksxh tks ek/;fed
f'k{kk ifj"kn ds fu;e laxzg ds v/;k; 2 ds
ifjf'k"V ^^d** esa fu/kkZfjr gSA tgka rd va'kdkfyd
vuqns'kdksa ds fy;s U;wure vgZrk fofgr djus dk
iz'u gS ;g Li"V djuk gS fd bu vuqns'kdksa dk
lsok;kstu dsoy uSfrd f'k{kk ij lektksi;ksxh
mRiknd dk;Z @ dk;kZuqHko ;k O;olkf;d ikB~;dze
;k f'kYi esa vuqns'k nsus ds fy;s fd;k tk;sxk vkSj
bl gsrq izcU/k ra= dks ;g NwV jgsxh fd os lEcfU/kr
f'kYi vkfn ds ;ksX;rk ,oa i;kZIr vuqHko j[kus okys
LFkkuh; fo'ks"kK dks vuqns'kd ds :i esa Lofoosd ls
lsok;ksftr djsaA

7- 7dd 1⁄451⁄2 esa ;g izko/kku gS fd fdlh
va'kdkfyd v/;kid ;k va'kdkfyd vuqns'kd dks
,slk ekuns; fn;k tk;sxk tSlk jkT; ljdkj }kjk
fufeRr lkekU; ;k fo'ks"k vkns'k }kjk fu/kkZfjr fd;k
tk;A bu lEcU/k esa lEizfr fLFkfr fuEuor~ gS&

1⁄4d1⁄2 izR;sd va'kdkfyd v/;kid ds ;g vis{kk
gksxh fd og lIrkg esa U;wure 12 vkSj 18 oknuksa
dk v/;kiu djsaA

1⁄4[k1⁄2 va'kdkfyd v/;kidksa dks ekuns; fn;s
tkus dh nj d{kk 9 vkSj 10 esa izfroknu :0 6-50
vkSj 11&12 esa izfroknu :0 10-00 gksxhA izR;sd
oknu esa fd;s tkus okys v/;kiu dk;Z esa fyf[kr
dk;Z dh tkap dk dk;Z Hkh lfEefyr gSA dk;Zjr
v/;kid vFkok vU; dkfeZd dks va'kdkfyd
v/;kiu dk dk;Z Hkh fn;s tkus dh fLFkfr esa mUgsa
ekuns; dh /kujkf'k lkeU; ls vk/kh gksxhA dk;Zjr
v/;kid vFkok vU; dkfeZd dks lsok;ksftr djus ds
iwoZ lEcfU/kr iz/kkukpk;Z vFkok lsok;kstd }kjk ;g
izek.k i= fn;k tkuk vko';d gksxk fd mlds }kjk
fd;s tkus okys va'kdkyhu v/;kiu ls fo|ky; dk
mldk iw.kZdkfyd v/;kiu dk;Z vFkok lkekU; dk;Z
izHkkfor ugha gksxkA dk;Zjr v/;kid ds lEcU/k esa
;g izek.k i= ml laLFkk ds iz/kkukpk;Z }kjk fn;k
tk;sxk tgkWa v/;kid dk;Zjr gSA blh izdkj vU;
dkfeZd ds lEcU/k esa ml lsok;kstd }kjk fn;k
tk;sxk ftlds v/khu dkfeZd dk;Zjr gSA

1⁄4x1⁄2 fofHkUu f'kYiksa ;k lektksi;ksxh mRiknd
dk;ksZ @ dk;kZuqHko ;k O;olkf;d ikB~;dzeksa ;k
1260 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
uSfrd f'k{kk esa izfr lIrkg i<+k;s tkus okys U;wure
oknuksa dh la[;k vkSj Hkh de gks ldrh gS vr%
va'kdkfyd vuqns'kdksa ds lEcU/k esa izcU/k ra= dks
;g NwV jgsxh fd os ikjLifjd lgefr ls ekuns;
dh mfpr nj fu/kkZfjr dj ysaA ijUrq fdlh ,d
vuqns'kd dks izfrekg ns; ekuns; dh /kujkf'k :0
350-00 ls vf/kd ugha gksxhA

1⁄4?k1⁄2 ;fn dksbZ va'kdkfyd v/;kid 11 ls de
oknuksa dk v/;kiu dk;Z djrk gS rks mls okLrfod
:i esa fd;s x;s v/;kiu dk;Z ds oknuksa dk ekuns;
ns; gksxk ijUrq 18 ls vf/kd oknuksa dk v/;kiu
dk;Z u rks djk;k tk;sxk vkSj u gh bl gsrq dksbZ
vf/kd /kujkf'k ns; gksxhA

1⁄4M1⁄2 va'kdkyhu v/;kid dk izR;sd ekg 15
rkjh[k rd muds fiNys ekg dh ns; /kujkf'k dk
Hkqxrku dj fn;k tk;sxkA

1⁄4p1⁄2 va'kdkyhu v/;kidksa ds fy;s vf/kdre
vk;q lhek dk dksbZ cU/ku ugha gksxk vkSj lsokfuo`fRr
O;fDr Hkh lsok;ksftr fd;s tk ldsaxsA

8- va'kdkfyd v/;kidksa dk lsok;kstu dksbZ
vLFkkbZ O;oLFkk ugha gS] rFkkfi ,d lfefr ;k vYi
vof/k ds fy;s Hkh mUgsa lsok;ksftr djus ds iw.kZ ;g
vko';d gS fd va'kdkfyd v/;kid ds :i esa
mi;qDr vksj ;ksX; vH;FkhZ fey ldsaA vr% bl
1⁄4la'kks/ku1⁄2 vf/kfu;e dh /kkjk 7 dd 1⁄431⁄2 ds vUrxZr
fuEukafdr O;oLFkk fu/kkZfjr dh tkrh gS&

1⁄411⁄2 va'kdkfyd v/;kidksa dks lsok;ksftr djus
gsrq lEcfU/kr fo"k;@ fo"k;ksa esa okafNr vH;fFkZ;ksa ds
fy;s foKkiu de ls de ,sls nks lekpkj i=ksa esa
djuk vko';d gksxk ftudk ml {ks= esa ftlesa
laLFkk fLFkr gks] O;kid ifjpkyu gksA foKkiu dk
izk:i 1⁄4layXud&11⁄2 esa fn;k x;k gSA

1⁄421⁄2 lekpkj i=ksa esa foKkiu ds i'pkr~ ;g Hkh
vko';d gksxk fd mi;qDr vH;FkhZ ds p;u ds fy;s
izR;sd fo|ky; esa ,d p;u lfefr xfBr dh tk;A
bl lfefr dk xBu fuEuor~ gksxk&

11⁄2 izcU/k ra= }kjk ukfer ,d izfrfuf/k 1⁄4tks
lfefr dk v/;{k gksxk1⁄2

1⁄421⁄2 fo|ky; dk iz/kkukpk;Z @ iz/kkukpk;kZA

1⁄431⁄2 lehiorhZ jktdh; ;k v'kkldh; mPprj
ek/;fed fo|ky; dk ml fo"k; dk ofj"Bre
f'k{kd
1⁄4ftldk
ukekadu
mlh
laLFkk
dk
iz/kkukpk;Z@ iz/kkukpk;kZ djsxk@djsxhA1⁄2

9- ;fn lfefr fo|ky; dh vko';drkvksa ds
lUnHkZ esa fdlh ,d fo"k;@fo"k;ksa esa visf{kr la[;k
esa va'kdkfyd v/;kidksa dks lsok;ksftr djus gsrq
viuh laLrqfr izcU/kra= dks nsxh vkSj mldh laLrqfr
ds vuqlkj gh va'kdkfyd v/;kid @ v/;kidksa dks
lsok;ksftr
djsxkA
lsok;kstu
dk
izk:i
1⁄4layXud&21⁄2 esa fn;k x;k gSA

10- va'kdkfyd v/;kid @ vuqns'kdksa dk
,d i`Fkd mifLFkfr jftLVj j[kk tk;sxk ftlesa
izR;sd va'kdkfyd v/;kid @ vuqns'kd }kjk izR;sd
fnu okLro esa fd;s x;s oknuokj v/;kiu dk;Z gsrq
mifLFkfr dk gLrk{kj fd;k tk;sxk vkSj iz/kkukpk;Z
@ iz/kkukpk;kZ izfr gLrk{kfjr djsaxs @ djsaxh izR;sd
va'kdkfyd
v/;kid
@
vuqns'k
ds
fy,
i`Fkd&i`Fkd i`"B j[ks tk;saxsA

11-pwafd mDr va'kdkfyd O;oLFkk izcU/k rU=
ds futh lzksrksa ij voyfEcr gSA vr% b.VjehfM;V
f'k{kk vf/kfu;e dh /kkjk 7 1⁄4M+1⁄2 ds vUrxZr izcU/kra=
bl gsrq nku Lohdkj dj ldsaxs] ftldk
ys[kk&tks[kk i`Fkd ls j[kk tk;sxkA ijUrq bl O;;
dks ogu djus gsrq dksbZ vfrfjDr 'kqYd fo|kfFkZ;ksa ls
ugha fy;k tk;sxkA

b.VjehfM;V f'k{kk 1⁄4la'kks/ku1⁄2 vf/kfu;e] 1987
dh 10 izfr;kWa layXu gSA

txnh'k pUnz iUr 1⁄4izeq[k lfpo1⁄2"

9. In this context the provisions of
Sections 7 (4), 7A , 7AA, 7AB of U.P. Act
No. 2 of 1921 after being introduced and
made part of the Statute are being quoted
below:

"Section
7
(4):
to
recognize
institution for the purposes of this its
examination.

"7-A. Recognition of an institution in
any new subject or for a higher class.---
Not withstanding anything contained in
3 All] Committee of Management V. State of U.P. and others
1261
clause (4) of Section 7 ---

(a) the Board may, with the prior
approval
of
the
State
Government,
recognize an institution in any new
subject or group of subjects or for a
higher class.

(b) The Inspector may permit an
Institution to open a new section in an
existing class.

7AA. Employment of part time
teachers or part time instructors.- (1)
Notwithstanding anything contained ion
this Act, the management of an institution
may, from its own resources, employ-

(i)as an interim measure part time
teachers for imparting instructions in any
subject or group of subjects or for a
higher class for which recognition is
given or in any Section of an existing
class for which permission is granted
under Section 7A;

(ii)part-time instructors to impart
instructions in moral education or any
trade or craft under socially useful
productive work or vocational course.

(2) No recognition shall be given and
no permission shall be granted under
Section 7A, unless the Committee of
Management furnishes such scrutiny in
case or by way of Bank Guarantee to the
Inspector as may be specified by the State
Government from time to time.

(3) No part time teacher shall be
employed in an institution unless such
conditions may be specified by the State
Government by order in this behalf are
complied with.

(4) No part time teacher or part-time
instructor shall be employed unless he
possesse. The view taken by the District
Inspector of Schools is correct view and
warrants no interference.s such minimum
qualifications as may be prescribed.

(5) A part-time teacher or a part-time
instructor shall be paid such honorarium
as may be fixed by the State Government
by general or special order in this behalf.

(6) Nothing in this Act shall preclude
a person already serving as a teacher in an
institution from being employed as a part
time teacher or part-time instructor under
Section 7AA.

7AB. Exemption. Nothing in the
Uttar
Pradesh
High
School
and
Intermediate
Colleges
(Payment
of
Salaries
of
Teachers
and
other
Employees) Act, 1971 (U.P. Act No. 24 of
1971) or the Uttar Pradesh Secondary
Education Services Selection Boards Act,
1982 (U.P. Act No. 5 of 1982) shall apply
in relation to part time teacher and parttime instructor employed in an institution
under Section 7AA."

10. Section 7A was substituted in
the Statute by an amendment with effect
from 14.10.1986 by means of U.P. Act
No. 18 of 1987 and same provided for
that not withstanding anything contained
in sub-sections (4) of Section 7; (a) the
Board may, with the prior approval of the
State
Government,
recognize
an
institution in any new subject or group of
subjects or for a higher class; (b) the
Inspector may permit an Institution to
open a new section in an existing class.
Section 7 enumerates the power of the
Board and in sub-section (4) thereof one
of the powers vested in the Board is to
recognize the institutions for the purposes
1262 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
of its examinations. Section 7AA, inserted
by U.P. Act No. 18 of 1987 makes
provisions for employment of part-time
teachers or part-time instructors also. It
provides inter alia that notwithstanding
anything contained in this Act, the
Management of an institution may, from
its own resources, employ- (i) as an
interim measure part-time teachers for
imparting instructions in any subject or
group of subjects or for a higher class for
which recognition is given or in any
Section of an existing class for which
permission is granted under Section 7A;
(ii)
part-time
instructors
to
impart
instructions in moral education or any
trade or craft under socially useful
productive work or vocational course.
Sub-sections (3) to (5) of Section 7AA lay
down pre-conditions for appointment of
part-time teachers. Sub-section (6) of
Section 7-AA provides that nothing in the
Act shall preclude a person already
serving as a teacher in an institution from
being employed as a part-time teacher or
part-time instructor under Section 7AA of
the Act.

11. As the arrangement to be made
for employment of part-time teacher or
part-time instructor was not saddling the
State Government with any financial
liability and entire expenditure on the said
score was to be arranged by the
Committee
of
Management
of
the
institution from its own resources, the
position was made more clear under U.P.
Act No. 18 of 1987 that in relation to parttime teacher and part-time instructor
employed in the institution under Section
7AA, the provisions of U.P. Act No. 24 of
1971 and U.P. Act No. 5 of 1982 will not
be applicable. This specific provision
clearly intended to make the position clear
that by acquiring the status of part-time
teacher
or
part-time
instructor,
an
incumbent would ipso fact not be entitled
to any payment under U.P. Act No. 24 of
1971, and further as no creation of post is
involved, as such there is no occasion for
making any selection and appointment
under the provisions of U.P. Act No. 5 of
1982, and thus giving a free hand to the
Management to make selection and
appointment of part-time teacher and parttime instructor from their own personal
resources, ignoring the provisions of U.P.
Act No. 5 of 1982, inasmuch as Section
16 of U.P. Act No. 5 of 1982 clearly
provides
that
appointment
of
any
incumbent as mentioned in the Schedule
without the recommendation of the Board
would be void and illegal.

12. This is not disputed that the
institution in question has been accorded
recognition in terms of the provisions of
Section 7A of U.P. Act No.2 of 1921.
When recognition was accorded to the
said institution by U.P. Madhyamik
Shiksha Parishad, at the said point of time
this fact is also not disputed that selection
and appointment of part-time teacher and
part-time instructor was to be made
strictly in consonance with the provisions
as contained in Government Order dated
14.10.1986 read with Government Order
dated 03.08.1987 and the selection
proceedings had been undertaken also as
per Government Order holding the filed
and at no point of time any proceeding
had been undertaken for making selection
and appointment on the post of Head
Master and Principal as is enumerated
either under U.P. Act No. 2 of 1921 or
U.P. Act No. 5 of 1982.

13. Under U.P. Act No. 2 of of 1921
and the Regulations framed thereunder for
making selection and appointment of
3 All] Committee of Management V. State of U.P. and others
1263
Principal/Teacher, Selection Committee
has to be constituted in terms of Section
16F and procedure provided for under
Chapter II Regulations 10 to 15 has to be
adhered to and before said appointment is
to be finalized by issuance of appointment
letter, the District Inspector of Schools
has to examine the validity of said
appointment. Similarly, under U.P. Act
No. 5 of 1982 read with Rules, altogether
a different procedure has been provided
for in the matter of selection and
appointment of Principal and Teacher.
Accepted position is that at no point of
time
while
making
selection
and
appointment of petitioner as Principal,
either the provisions as contained and
noted above under U.P. Act No. 2 of of
1921 or U.P. Act No. 5 of of 1982 had
ever been followed, rather petitioner's
selection and appointment has been made
in consonance with the two Government
Orders
quoted
above,
namely,
Government Orders dated 14.10.1986 and
03.08.1987.

14. The provisions in reference to
payment of salary to part-time teachers
and part-time instructors, qua their rights,
has been subject matter of consideration
before Full Bench of this Court in the case
of Gopal Dubey Versus District Inspector
of Schools, Maharajganj and another,
(1999) 1 UPLBEC 1. The Court held as
under:

"14. Section 7 of the said Act,
enumerates power of the Board. In subsection. (4) thereof one of the powers
vested in the Board is to recognise
institutions for the purposes of its
examinations.

15. In Section 7A, which was
substituted in the statute by amendment
with effect from 14.10.1986 by U. P. Act
No. XVIII of 1987, it is laid down that
notwithstanding anything contained In
clause (4) of Section 7, (a) the Board may,
with the prior approval of the State
Government, recognise an institution in
any new subject or group of subjects or
for a higher class ; (b) the Inspector may
permit an Institution to open a new
section in an existing class.

16. Section 7AA, which was inserted
by U. P. Act XVIII of 1987 makes
provision for employment of part time
teachers or part lime instructors. It
provides, infer alia, that notwithstanding
anything contained in this Act the
management of an institution may from
its own resources employ : (i) as an
interim measure part time teachers for
Imparting instructions in any subject or
group of subjects or for a higher class for
which recognition is given or in any
section of an existing class for which
permission is granted under Section 7A ;
(ii) part time instructors to impart
instructions in moral education or any
trade or craft under socially or useful
productive work or vocational course.
Sub-sections
(2)
to
(5)
lay
down
preconditions for appointment of a part
time teacher. In sub-section (6) of Section
7AA it is provided that nothing in the Act
shall preclude a person already serving as
a teacher in an institution from being
employed as a part time teacher or a part
time instructor under Section 7AA. In this
connection a provision in the Regulations
framed under the Intermediate Education
Act is relevant. In Regulation 19 under
Chapter II of the Regulations, it is laid
down that where any person is appointed
as, or any promotion is made on any post
of head of Institution or teacher in
contravention of the provisions of this
1264 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
Chapter or against any post other than a
sanctioned post, the Inspector shall
decline
to
pay
salary
and
other
allowances, if any, to such person where
the
Institution
is
covered
by
the
provisions of the U. P. High Schools and
Intermediate
Colleges
(Payment
of
Salaries
of
Teachers
and
other
Employees) Act. 1971 and in other case
shall decline to give grant for the salary
and allowance in respect of such person."

15. In the present case, accepted
position is that as far as Hari Prakash
Tiwari is concerned, his selection and
appointment at no point of time had been
made as per provisions contained under
Sections 16E and 16F of U.P. Act No. 2 of
1921 read with Chapter II Regulations 10
to
16
of
the
Regulations
framed
thereunder nor under the provisions of
U.P. Act No. 5 of 1982 and Rules framed
thereunder. Once this is accepted position
that the appointment of Hari Prakash
Tiwari had been made after following the
procedure as provided for under the
Government order meant for part time
teachers and part-time instructors, then in
such a situation and in this background,
the protection as is envisaged under
Section 16G of U.P. Act No. 2 of 1921 is
available or not, is the core issue. This
Court in the case of Dharmendra Pal
Dwivedi vs. District Inspector of Schools,
2000 (4) AWC 2767, took the view that on
institution
being
recognized,
consequences flowing from recognition
would flow and consequently regulations
governing condition of service would
apply. This Court in the case of Shashi
Kala Singh vs. District Inspector of
Schools,
Maharajganj,
2000
(1)
UPLBEC 2327, decided on 30.08.2000
took the view that the provisions of
Section 16G (3) of U.P. Act No. 2 of 1921
are applicable and attracted in the facts of
the case. Relevant portion of the judgment
is being quoted below:

".....Appointment of a part time
teacher under Section 7AA in an
Institution, which has been given Vitta
Vihin recognition, is not required to be
made in the manner prescribed by Section
16-F of the Act and the Regulations made
thereunder. But that by itself does not lend
support to the interpretation that the parttime teachers appointed under Section 7AA of the Act could be given tertiary
treatment and dealt with in arbitrary
fashion by the Management. An element
of public interest is involved both in the
appointment and termination of services
of such teachers in that the duties and
functions of such teachers have the
complexion of public nature. No person
having requisite qualification prescribed
in Appendix A to Regulation of Chapter II
of the Act can be appointed as part time
teacher under Section 7AA of the Act and
once a teacher is appointed under Section
7-AA, he acquires a right to be dealt with
reasonably by the management. The
principle contained in Section 16-G (3)
(a) of Chapter III of the Regulations made
under the Act, being of regulatory nature,
would be attracted even in relation to
part-time teacher appointed under Section
7AA of the Act and by this reckoning,
obligation is cast upon the District
Inspector of Schools to ensure that such
teachers are not dealt with by the
Management
in
antagonism
of
the
principle of natural justice. It would be
contrary to public policy and public
interest to clothe the Management of an
institution with unfettered power to
terminate
the
services
of
part-time
teachers who perform as much public
function as regularly appointed teachers.
3 All] Committee of Management V. State of U.P. and others
1265
Even the District Inspector of Schools
was of the view that the Management
could not terminate the services of parttime teachers arbitrarily and in breach of
the canon of natural justice but he failed
to examine whether in the present case,
the Management acted arbitrarily and in
violation of rules of natural justice which
are embodied in Regulations 36 and 37 of
Chapter III of the Regulations made under
the
Act.
The
non-obstinate
clause
'notwithstanding'
in
Section
7-AA
overrides the provisions of the Act in so
far as method of appointment of part time
teachers and instructors is concerned. In
my opinion, it does not exclude the
applicability of Section 16-G of the Act
and related provisions of the Regulations.
Section 16-E (10) of the Act will also be
attracted in appropriate cases e. g. where
the appointee does not possess the
requisite qualification, the appointment
will be liable to be cancelled by
competent authority. Though there is no
need for creation of posts of part time
teachers,
employment
of
part
time
teachers too is 'Niyamit' (regular) subject
to certain conditions as visualized by
condition No.4 of the G.O. darted
15.10.1986. Since prior approval of
District Inspector of Schools as visualized
by Section 16-G (3) of the Act has not
been obtained, and the validity of the
decision of the Management has not been
examined on the anvil of canons of justice
and fair play, the order impugned herein
cannot be sustained.

6. Before parting with the case, I
would like to observe that the question
whether the post of Principal will also
come under the provisions of Section 7AA of the Act is left open to be decided
by District Inspector of Schools and the
parties are given liberty to have their say
on the point before the District Inspector
of Schools, who will examine the
question keeping in mind clause 5 of the
recognition
order
dated
16.1.1997.
Appointment in the instant case was made
not on a fixed honourarium but in a given
scale of pay i.e. 2000-3500. In case, it is
found that the post of Principal would be
deemed to have been created in view of
clause 5 of the recognition order, whole
complexion of appointment would be
changed. The post of Principal in that
event would go out of the purview of
Section 7AA of the Act and will have to
be filled in accordance with the provisions
of the U.P. Secondary Education Service
Selection Board Act, 1982."

16. Subsequently the judgment of
Shashi
Kala
Singh
(supra)
was
disapproved by this Court in the case of
Smt. Suman Lata Sharma vs. Regional
Joint Director of Education, 2000 (4) ESC
2828. Relevant paragraphs 4 to 7 are
being extracted below:

"4. Sri S.P. Pandey the learned
standing counsel has urged that the
petitioner was not working against any
sanctioned post, therefore, she was not
entitled for any salary. He urged that the
petitioner was not entitled to claim
regularization
of
service
and
the
provisions of U.P. Act No. 5 of 1982 is
not applicable to a part time teacher or a
teacher who is worming on a post which
has neither been created nor sanctioned
under the Salaries Act. He urged that in
view of the Full Bench decision of this
Court in Gopal Dubey v. District
Inspector of Schools 1999 (1) ESC 168
(All) (F.B.), the petitioner is not entitled
for any relief.

5. From the facts stated above it is
1266 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
clear that even though the permission to
teach science subjects was granted in
1982 but when the petitioner was
appointed in July, 1989 in pursuance of
advertisement dated 28.6.1989 Section 7A
had been substituted and Section 7AA had
been inserted on 14.10.1986 by U.P. Act
No. 18 of 1987. Since the permission
granted by the authorities was 'Vitta vihin'
that is unaided, and no post was
sanctioned or created, the appointment of
the petitioner could be part time or
honorarium. In the first appointment letter
she was appointed on a salary of Rs.450/-
per month. The second letter filed as
Annexure-3 to the petition appointing her
in 1995 shows that she was appointed as
part-time assistant teacher on a salary of
Rs.550/- per month. The allegation in the
counter affidavit filed in earlier writ
petition shows that she used to be
engaged for nine or ten months in a year.
The petitioner does not claim that the
statement of fact in the counter affidavit is
incorrect. Her entire claim is based on
length of period she has been serving and
applicability of U.P. Act No. 5 of 1982. It
is true that the petitioner appears to have
worked for more than ten years on a
meagre salary. She is M. Sc. B. Ed. She
might have accepted the appointment in
the hope that sooner or later she would be
absorbed as a regular teacher. But the
expectations did not materialize. She had
to approach this Court thrice. It is
unfortunate. But no amount of sympathy
or compassion can overcome the law. The
petitioner can succeed only if she can be
held to have some right either for
regularization or salary. This Court in Full
Bench decision in Gopal Dubey (supra)
has held that if permission to teach a
subject has been granted but the post has
not been created or sanctioned under the
Salaries Act then no salary could be paid
to the teacher from the grant-in-aid
received from the Government. The
learned counsel for the petitioner urged
that in view of the decision of Apex Court
in Chandigarh Administration (supra)
the respondents cannot refuse payment of
salary to the petitioner who is teaching
science subject in High School classes.
And non-payment of salary amounted to
discrimination as other teachers working
in the institutions are being paid salary
from the grant-in-aid received from the
Government. This argument is devoid of
any merit. This Court in Civil Misc. Writ
Petition No.29097 of 1998 Mohammad
Fuzall Ansari v. State of U.P. and others
decided on 30.11.2000, reported in 2000
(4) ESC 2843 (All) has held that the
decision of Apex Court could not help a
teacher who has been appointed on a post
which has not been created or sanctioned.

6.