RADHEY SHYAM UPADHYAYA Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal by special leave from a judgment and order passed by the Division Bench of the High Court of Judicature at Allahabad in Writ Petition No. 24409 of 1996, by which the High Court had dismissed the writ petition filed by the appellant seeking relief that he should be declared as a permanent teacher with effect from the date of his initial appointment and correction of entries in the service record be also made accordingly.

(3.) After hearing learned Counsel for the parties and after going through the materials on record including the impugned order of the High Court, we are of the view that the relevant questions of fact which need to be considered by the High Court while deciding the aforesaid writ petition, were not at all adhered to by the High Court. That being the position, we are of the view that this impugned order should be set aside and the matter my be remitted back to the High Court for fresh decision in accordance with law. We keep open the question whether appointment of the appellant was in consonance with the statutory requirement and whether the services of the appellant should be deemed to have been approved in the post as, per provisions of Section 22-F of the Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962. All these questions are left open and to be decided by the High Court in accordance with law.