- (1.) Heard Mr. Sandeep Dixit with Ms. Madhumita Bose, learned counsel for the appellant, Mr. Rajesh Tewari, learned Additional Chief Standing Counsel for the respondents-State, Mr. Vindhyawasini Kumar, learned counsel for respondent nos. 3 and 4 and Mr. Drupad Upadhyaya, learned counsel for respondent no.6.
(2.) This special appeal is directed against the order dated 2 August 2017 passed by learned Single Judge in Service Single No. 15678 of 2017, whereby writ petition filed by the appellant has been dismissed by reasoned order.
(3.) The appellant, in the writ petition, challenged the order dated 18 March 2017 terminating her services as Assistant Teacher on three grounds: (i) there existed eight sanctioned posts of Assistant Teacher in 1997 at the time of appointment of the appellant when the institution was taken on aid and all of them were already filled and, therefore, in the absence of vacant post, the appellant could not have been appointed; (ii) appellant lacked essential eligibility qualification, inasmuch as she did not possess training qualification in terms of Rule 4 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, and her appointment, therefore, is bad; and (iii) the appellant secured appointment by manipulation and without following the procedure contemplated by law.;