Court No. - 34
Case :- SPECIAL APPEAL No. - 1158 of 2012 Appellant :- Santosh Kumar Seth Respondent :- Basic Shiksha Adhikari And Others Counsel for Appellant :- Virendra Kumar Gupta Counsel for Respondent :- D.R. Maurya,Ritvik Upadhya
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard learned counsel for appellant and perused the record.
2. This intra-Court Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has arisen from judgment dated 23.05.2012 passed by learned Single Judge in Writ Petition No. 25785 of 2012 whereby dismissing appellant's writ petition it has held that appellant was appointed by Manager of Hindalco Primary School, Renukoot, District Sonbhadra by order dated 15.07.2006 without any approval of District Basic Education Officer and appointment of appellant is not in accordance with provisions of U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1975 (hereinafter referred to as "Rules, 1975") the said Rules cannot be taken recourse for the purpose of challenging termination order.
3. When appointment itself was not made in accordance with Rules, 1975, appellant cannot be permitted to seek protection of the same in the matter of termination alleging that in passing termination order, procedure prescribed therein was not observed and, thus, in our view, learned Single Judge has rightly dismissed appellant's writ petition.
4. The appeal lacks merits. Dismissed.
Order Date :- 23.2.2018 PS