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february 2016

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.

Sanjay Kumar Upadhyay vs Palak Dhari Yadav & Ors · Niyam