PREM NATH TRIPATHI Vs. SATE OF U.P.

JUDGEMENT

(1.) This special appeal arises out of the judgment of a learned Single Judge dated 17.11.2004 where by four writ petitions were simultaneously disposed off dismissing the claim of the appellant Prem Nath Tripathi and the relief prayed for by the respondent no.8 was accepted.

(2.) The dispute is in relation to the appointment on ad-hoc basis against the post of Demonstrator in Science (Chemistry) for teaching Secondary School Classes in A.H. Inter College, Musafirkhana, District Sultanpur, which institution is recognized and governed by the provisions of the U.P. Intermediate Education Act, 1921 read with the rules and regulations framed thereunder, and in matters in relation to appointment of Teachers including Demonstrators, is governed by the provisions of the U.P. Secondary Education Services Commission and Selection Board Act, 1982 read with the regulations, orders and rules framed thereunder. As a consequence of this ad hoc appointment the appellant's claim is also one of having acquired a right of regularisation under the 1982 Act, but essentially the basic appointment on which the rival contenders are claiming rights is a pure ad hoc appointment.

(3.) The post of Demonstrator in the Institution fell vacant substantively on account of the death of Ram Kumar Singh who was occupying the said post on 14.8.1989. The same was advertised on 4.12.1990. The qualification referred to in the advertisement and in accordance with Appendix A of Chapter II of the 1921 Act was B.Sc., with training, as a desirable qualification.