LALTA PRASAD YADAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) FATE of these seven writ petitions is dependent on the decision on the following questions of law : 1. Whether teachers appointed on ad-hoc basis by way of promotion under the Uttar Pradesh Secondary Education Services Commission Removal of Difficulties Order, 1981 (hereinafter referred to as the First Removal of Difficulties Order) or under section 18 of the U. P. Secondary Education Services Commission and Selection Boards Ordinance, 1981 (U. P. Ordinance no. 8 of 81), replaced by U. P. Act no. 5 of 1982 (hereinafter referred to as " 1982 Act ") are entitled to the benefit of regularisation under section 33-A of the 1982 Act as inserted by the U. P. Secondary Education Services Commission and Selection Boards (Amendment) Ordinance, 1985 (U. P. Ordinance No. 12 of 1985) ? 2.Whether section 21-B of the 1982 Act as inserted by U. P. Ordinance No. 12 of 1985 is hit by Article 14 of the Constitution of India ? 3. Whether the said section 21-B is not applicable in so far as it concerns the teachers who were appointed on ad-hoc basis under the Removal of Difficulties Order or under the said section 18 prior to the commencement of U. P. Ordinance No. 12 of 1985 and who continued to work on the post on which they were so appointed till such commencement ? Point No. 1

(2.) THE appointments of teachers in secondary institutions recognised by the Board of High School and Intermediate Education was governed by the Intermediate Education Act, 1921 and the regulations made thereunder.

(3.) SECTION 21-B was enacted in order to give effect to the judgment of the Supreme Court in Prabodh Verma v. State of U. P., 1984 ALJ 931. It would be useful to reproduce the relevant para of the statement of objects and reasons of the U. P. Secondary Education Services Commission and Selection Board (Amendment) Act, 1985 which replaced U. P. Ordinance No. 12 of 85 :