Supreme Court of India · 2016-02-03
Sanjay Kumar Upadhyay vs Palak Dhari Yadav & Ors
- Citation / case number
- AIRONLINE 2016 SC 107
- Court
- Supreme Court of India
- Petitioner
- Sanjay Kumar Upadhyay
- Respondent
- Palak Dhari Yadav & Ors
- Author
- Abhay Manohar Sapre
- Bench
- Abhay Manohar Sapre, J. Chelameswar
Judgment text excerpt
The Supreme Court examined the validity of the appointment of a Clerk in a government-aided institution under the U.P. Intermediate Education Act, 1921. It held that the appointment made by direct recruitment was invalid as per Regulation 2(2) of Chapter-III, which mandates promotion of eligible Class IV employees for such posts. The Court reversed the High Court's decision that favored the promotion route, thereby upholding the principle of promotion over direct recruitment in this context.