SANJAY KUMAR UPADHYAY vs PALAK DHARI YADAV .

The Supreme Court upheld the High Court's decision regarding the appointment of a clerk in a government-aided institution under the U.P. Intermediate Education Act, 1921. The Court clarified that Regulation 2(2) mandates promotion over direct recruitment when only one post is vacant, thus invalidating the appellant's appointment. The Court dismissed the appeals filed by Sanjay Kumar Upadhyay and the Committee of Management, affirming the High Court's ruling that the appointment was not in accordance with the regulations.