Supreme Court of India · 1983-11-23
BIHARILAL DOBRAY. vs ROSHAN LAL DOBRAY.
- Citation / case number
- SC 1982/63797
- Court
- Supreme Court of India
- Petitioner
- BIHARILAL DOBRAY.
- Respondent
- ROSHAN LAL DOBRAY.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that the respondent, an Assistant Teacher in a Basic Primary School run by the State Board of Education, was indeed holding an 'office of profit under the State Government' as per Article 191(1)(a) of the Constitution of India. The Court found that the respondent's employment was governed by the Uttar Pradesh Basic Education Act, 1972, and that the appointing authority was an officer appointed by the State Government. Consequently, the rejection of his nomination paper was upheld, and the High Court's decision to declare the election void was overturned.