State Act

THE UTTAR PRADESH HIGHER EDUCATION SERVICES COMMISSION ACT 1980

[31-B (1) Every teacher, other than a Principal, directly appointed on or before January 3, 1984, on ad hoc basis, against a substantive vacancy in accordance with the provisions of the Uttar Pradesh Higher Education Services Commission (Removal of Difficulties) Order, 1982 of the Uttar Pradesh Higher Education Services Commission (Removal of Difficulties) Order, 1983, who posses the qualifications prescribed under, or is exempted from such qualifications in accordance with, the provisions of the concerned Statutes, shall with effect from the date of commencement of the Uttar Pradesh Higher Education Services Commission (Amendment) Act, 1985, be deemed to have been appointed in a substantive capacity provided that such teacher has been continuously serving the College from the date of such ad hoc appointment up to the date of such commencement. (2) Every teacher deemed to have been appointed in substantive capacity under sub-section (1), shall be deemed to be on probation from the date of such commencement. [(2-A) A teacher other than a Principal directly appointed on or before January 3, 1984 on ad hoc basis in a vacancy referred to in clause (iv) or clause (v) of sub-para (1) of paragraph 2 of the Uttar Pradesh Higher Education Services Commission (Removal of Difficulties) Order, 1982 or in clause (iv) or clause (v) of sub-para (1) of paragraph 2 of the Uttar Pradesh Higher Education Services Commission (Removal of Difficulties) Order, 1983, in accordance with the provisions of such Orders and continuously serving the college from the date of such ad hoc appointment till September 2, 1989, who possesses the qualifications prescribed under, or is exempted from such qualifications prescribed under, or is exempted from such qualifications in accordance with, the provisions of the concerned Statutes, may be given substantive appointment by the Management of the College, if :-- (a) any substantive vacancy of the same cadre and grade in the same department is available on September 2, 1989; and (b) the work and conduct of the teacher is found satisfactory.]2 (3) Nothing in this section shall be construed to entitle any teacher to substantive appointment if— (a) on the date of such commencement, such post had already been filled, or selection for such post had already been made, in accordance with the provisions of this Act, or (b) such teacher was related to any member of the Management, or the Principal, of the College concerned. Explanation – For the purpose of this sub-section a person shall be deemed to be related to another if they are related in the manner mentioned in the Explanation to section 20 of the Uttar Pradesh State Universities Act, 1973.]1