LAWS(ALL)-2011-4-64

UMA GUPTA Vs. DISTRICT INSPECTOR OF SCHOOLS ALLAHABAD

Decided On April 07, 2011
UMA GUPTA Appellant
V/S
DISTRICT INSPECTOR OF SCHOOLS, ALLAHABAD Respondents

JUDGEMENT

(1.) This special appeal is arising out of an order passed by learned Single Judge on 18.2.2010. The writ petition was dismissed due to lack of merit. Amendment application which has been made by the Appellant-Petitioner therein was also rejected. The writ petition was originally filed for the purpose of getting the salary.

(2.) During consideration of the cause, a question arose before the learned Single Judge whether the service of the Petitioner can be regularised or not and the Court ultimately held that 10 teachers were appointed as against seven vacancies. Therefore, neither the service of the Petitioner can be regularised nor she can get salary. It was argued before the learned Single Judge and also before us that by different orders several other teachers' services were regularised excepting the Petitioner who is the Appellant herein. The learned Single Judge held that there cannot be any negative equality and no mandamus can be issued by the Court to that extent.

(3.) In view of the aforesaid facts, by preferring this appeal, Mr. Anil Bhushan, learned Counsel appearing for the Appellant, has contended before this Court that there is a committee called as Regularization Committee constituted under Section