LAWS(ALL)-2009-12-23

SUGHAR SINGH Vs. STATE OF U P

Decided On December 15, 2009
SUGHAR SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Rakesh Bahadur, learned counsel for the petitioner, learned Standing Counsel for respondents No. 1 to 3 and Sri Gautam Baghel, Advocate for respondent No. 6.

(2.) This writ petition is directed against the order dated 11/12.11.2Q09 passed by the District Inspector of Schools, Etawah (Annexure-1 to the writ petition) whereby, in accordance with Chapter III; Regulation 2(2) of the Regulations framed underU.P. Intermediate Education Act, 1921 (hereinafter referred to as the "1921 Act") the promotion of respondent No. 6 on class-IV post has been approved.

(3.) Learned counsel for the petitioner submitted that the respondent No. 6 was appointed as a Class-IV employee on 20.1.2000 when one Sri Shiv Shanker Verma was the President of the Committee of Management. The respondent No. 6 was his cousin (Mamera Bhai) and thus his appointment was invalid from the very inception in view of Regulation 22 read with Regulation 4, Chapter-Ill of the Regulations framed under 1921 Act which prohibits the appointment of a relative of any member of the Committee of Management in the College.