STATE OF UTTAR PRADESH Vs. RAMESH PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) Though notice was sent to the respondent on September 10, 1993 in usual course, till date the report of the service of notice has not been sent nor the acknowledgment received. Under these circumstances, the notice must be deemed to have been served on the respondent.

(3.) The only controversy in this case is whether the respondent-teacher imparting teaching in Moti Lal Nehru Medical College, Agra is entitled to remain in service till he attains the age of superannuation of 60 years. Making such a claim, the respondent filed a writ petition in the High Court. The High Court even without considering the relevant provisions had directed the State Government in the impugned order dated December 21, 1990 in CMWP No. 33277/90 to continue the respondent in service till he attains the age of superannuation of 60 years virtually allowing the writ petition. Calling this order in question, the above appeal by special leave has been filed. We have directed the learned counsel to place before us the relevant Rules. Section 2 (18) of the U. P. State University Act, 1973 (for short, 'the Act') defines the teacher. The Section reads thus: