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november 1983

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.

BIHARILAL DOBRAY. vs ROSHAN LAL DOBRAY. · Niyam