SATISH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) B. S. Chauhan, J. This reference has arisen out of the order dated 25th August, 2005, wherein a learned Single Judge of this Court has referred the following questions to be answered by this Bench, as nominated by Hon'ble the Chief Justice : (1) Whether an unadvertised vacancy can be filled up from amongst the candidates, who have been selected in the earlier selection ? (2) Whether under U. P. Act No. 5 of 1982 or under U. P. Secondary Education Service Selection Board Rules, 1998, there is any authority vested with the U. P. Secondary Education Service Selection Board to direct for adjustment of candidates who have been selected but could not join for one reason or the other, to any other institution, vacancy whereof has been notified but not, advertised ?

(2.) THE aforesaid questions relate to filling up of an unadvertised vacancy of a Lecturer in an Intermediate College, the selection whereof is governed by the provisions of the Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 (U. P. Act No. 5 of 1982) (hereinafter called the 'act') and U. P. Secondary Education Service Selection Board Rules, 1998 (hereinafter called the 'rules' ).

(3.) HEARD Shri Pradeep Verma, learned Counsel for the petitioner and Shri Amit Kumar Singh for respondent No. 7 and Shri C. K. Rai, learned Standing Counsel for the State.