Supreme Court of India
Om Prakash Rana Etc. Etc. v. Swarup Singh Tomar & Ors. Etc. Etc.
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What the Court ordered
We hold that upon the constitution of a Commission under the Services Commission Act it is no longer possible for a vacancy in the post of Principal, Headmaster or teacher of the categories mentioned in the Schedule to the Services Commission Act to be filled by the process of transfer under s. 16G(2)(c) of the Education Act and its Regulations.
Judgment, page 16
From the headnote
U.P. Intermediate Education Act, 1921: Section /6- (2)(c) & Regulations 55-62/U.P. Secondary Education Services Commission & Selection Boards Act, 1982: Section 16( l )(a) Scope and Effect of s. !6- (2)(c)-Explained Vacancy in the post of Principal/Headmaster-Whether can he c filled by process of transfer from one educational institution to another. Section 16- (2)(c) of the U.P. Intermediate Education Act, 1921 and regulations SS to 62 in Chapter III of the Regulations framed there under provided for the transfer of service of Head of Institutions, teachers and other employees from one
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