- (1.) This petition questions the validity of Section 33(G)(1) of the U.P. Secondary Education Services Selection Board Act 1982 as amended on 22.03.2016 (U.P. Act No.7 of 2016) annexure 5 to the writ petition whereby the benefit of regularization under Section 33(G) has been limited only to Teachers, other than Principals and Head Masters. Reliance has been placed by Sri Bheem Singh, learned counsel for the petitioner on the Apex Court judgment in the case of State of Tamil Nadu and others Vs. K. Shyam Sunder and others, 2011 8 SCC 737 to buttress his submissions.
(2.) Learned counsel contends that in view of the definition of the word Teacher as enunciated in Section 2(k) of the U.P. Secondary Education Services Selection Board Act, 1982, denial of the benefit of regularization to Principals and Head Masters is discriminatory and is hit by the aforesaid definition in which no amendment has been carried out. It is therefore urged that the impugned amendment is ultra virus Section 2(k) of the 1982 Act and otherwise also is an arbitrary exercise of power keeping in view the fact that in the past, Head Masters and Principals had also been extended the benefit of regularization.
(3.) We have considered the submissions raised as well as the judgment relied on by the learned counsel for the petitioner and have also heard the learned standing counsel for the State.;