PRAMOD KUMAR v. U.P. SECONDARY EDUCATION SERVICES
Case at a glance
Outcome
Dismissed
The appeal is dismissed
Provisions considered
- University Grants Commission Act
- University Grants Commission Act, 1956
- U.P. Secondary Education Services Selection Board Act, 1982
- Uttar Pradesh Secondary Education Services Selection Boards Act, 1982
- Intermediate Education Act, 1921
- Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2001
- EE of the Intermediate Education Act, 1921 s. 16
- Uttar Pradesh Secondary Education Services Selection Board Act, 1982
- Constitution of India arts. 142, 226
- State of Parliamentary Act
- U.P. Secondary Education Services Selection Board Act
Judgment
Ravinder Sharma (Smt.) And Anr vs. State of Punjab and Ors. (1995) 1 SCC 138; Mohd. Sartaj and Anr. vs. State of U.P and Ors. JT 2006(1) SC 331; and Ashok Kumar Sonkar c vs. Union of India and Ors. [2007] 4 SCC 54 - relied on.
2.1 A departmental proceeding against the appellant might have been initiated after the change of management. Assuming that the said proceeding v1as initiated after the contempt proceeding was initiated, the 0 appellant, however, has filed a writ petition for issuance of or in the nature of a writ of mandamus. He, therefore, must establish existence of a legal right in himself and a corresponding legal duty in the State. If he did not possess the requisite qualification to hold a post, he could not have E any legal right to continue. It was, therefore, immaterial as to why and when the said proceeding had been initiated against him. [para 22] [571-D, E] Shainda Hasan vs. State of Uttar Pradesh and Ors. F
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is dismissed
Which statutory provisions did this judgment involve?
University Grants Commission Act; University Grants Commission Act, 1956; U.P. Secondary Education Services Selection Board Act, 1982; Uttar Pradesh Secondary Education Services Selection Boards Act, 1982; Intermediate Education Act, 1921; Uttar Pradesh Secondary Education Services Selection Board (Amendment) Act, 2001.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.