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Allahabad High Court · body

2010 DIGILAW 1315 (ALL)

PAWAN KUMAR LAWANIYA v. STATE OF U. P.

2010-04-23

ARUN TANDON

body2010
JUDGMENT Hon’ble Arun Tandon, J.—Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Papers transmitted by the Committee of Management of Gulkandi Ram Ram Singh Agrawal Intermediate College, Nauni, Agra, which is recognised and aided intermediate college, qua appointment on Class III post under letter dated 27th/28th August, 2009 have been returned with a remark that in the meantime amendments have been made in Regulation 101 of Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921 vide gazette notification dated 2nd January, 2010. 3. Learned counsel for the petitioner submits that such amendments are prospective in nature and therefore, they will have no application on the selections held earlier. 4. The contention so raised on behalf of the petitioner appears to be correct. Amendments made in Regulation 101 vide notification dated 2nd January, 2010 are prospective in nature and shall therefore, not regulate the selections already held upto that date. 5. However, the Regional Level Committee is required to examine as to whether the appointments have been made in accordance with the procedure prescribed and as explained by this Court in the case of Principal, Adarsh Inter College, Umari Bijnor v. State of U.P. and others, 2010 (1) ADJ 403 , alongwith other essential conditions required to be satisfied before granting approval. 6. Accordingly, the present writ petition is disposed of by providing that the petitioner may make a representation, ventilating all his grievances, supported by such documents, as may be advised, before respondent No. 2 within two weeks from today, alongwith a certified copy of this order. On such representation being made, respondent No. 2 shall consider and decide the same without referring to the amendments made in Regulation 101 vide notification dated 2nd January, 2010, striclty in accordance with the judgment of this Court in the case of Principal, Adarsh Intermediate College (Supra) and other provisions applicable, by means of a reasoned speaking order, preferably within eight weeks from the date the representation is made. ————