DEEPAK BHATIYA Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State-respondents.

(2.) Petitioners had been working as full time teacher in institutions which are affiliated from the Central Board for Secondary Education, New Delhi, is recognised Intermediate Colleges which have been granted recognition under self-finance. The petitioners have made applications for being considered for the post of Principal available in various High School and Intermediate Institutions recognised by the Madhyamik Shiksha Parishad in terms of the advertisement published by U.P. Secondary Education Services Selection Board established under U.P. Act No. 5/1982. The application of the petitioners have not been considered by the Selection Board because the petitioners have been working in self financing institution and they were not being giving salary from the State exchequer.

(3.) Counsel for the petitioner has placed reliance upon the judgment of the Apex Court in the case of Mohd. Altaf and others v. Public Service Commission and another, in C.A. No. 961-962 of 1999 as also upon the judgment of the Apex Court in Contempt Petition (c) No. 372/2002 in C.A. No. 962/1999, Shamim Khanam v. K.B. Pandey and another, it is submitted that teachers working in self-financed institution cannot, as a class, be excluded from consideration. Relevant portion of the order of the Supreme Court relied upon by the petitioner is quoted herein below: