SUSHIL KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Standing Counsel.

(2.) This writ petition has been filed which raises a dispute that has been engaging the attention of this Court for a fairly long time. It relates to ad hoc appointments in Intermediate Colleges governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder, which have been banned after 14th July, 1992 and the Management of the Institution has been prohibited from making appointments. The manner in which such appointments could be made were reviewed from time to time and finally under the Government Order dated 25.01.1999, the removal of difficulties order which was in existence was rescinded.

(3.) In the opinion of the Court after the aforesaid Government Order there was no provision left under which adhoc appointments could be made and a learned Single Judge of this Court in the case of Rakesh Chandra Mishra v. State of U.P. and others reported in 2004(3) UPLBEC 2671 came up with a pronouncement that the Management still continues to be authorized to make appointments against short term vacancies after 25th January, 1999.