State Act

THE UTTAR PRADESH SECONDARY EDUCATION SERVICES SELECTION BOARD2 ACT, 1982

{33-A (1) Every teacher directly appointed, before the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Ordinance, 1985, on adhoc basis against a substantive vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, as amended from time to time, who possesses the qualifications prescribed under, or is exempted from such qualification in accordance with, the provisions of the Intermediate Education Act, 1921, shall, with effect from the date of such commencement, be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution from the date of such appointment up to the date of such commencement. [(1-A) Every teacher appointed by promotion, on ad-hoc basis against a substantive vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Service Commission (Removal of difficulties) Order, 1981, as amended from time to time, who possesses the qualifications prescribed under or is exempted from such qualifications in accordance with the provisions of the Intermediate Education Act, 1921 shall with effect from the date of commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Board (Amendment) Act, 1991, be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution form the date of such ad-hoc appointment to the date of such commencement. (1-B) Every teacher directly appointed after June 12, 1985 and before May 13, 1989 on ad-hoc basis against a substantive vacancy in the Certificate of Teaching grade, in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Service Commission (Removal of difficulties) Order, 1981, as amended from time to time, who possesses the qualifications prescribed under or is exempted from such qualifications in accordance with the provisions of the Intermediate Education Act, 1921 shall, with effect from the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Board (Amendment) Act, 1991, be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution form the date of such ad-hoc appointment to the date of such commencement. (1-C) Every teacher appointed by promotion or by direct recruitment before July 31, 1988, on ad-hoc basis against a substantive vacancy in accordance with section 18, who possesses the qualifications prescribed under or is exempted from such qualifications in accordance with the provisions of the Intermediate Education Act, 1921 shall with effect from the date of commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Board (Amendment) Act, 1991, be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution form the date of such ad-hoc appointment to the date of such commencement.]2 [(2) Every teacher deemed to have been appointed in a substantive capacity under sub-section (1) or (1-A) or (1-B) or (1-C), shall be deemed to be on probation from the date of such commencement referred to in sub-section (1) or (1-A) or (1-B) or (1-C), as the case may be.]2 (3) Nothing in this section shall be construed to entitle any teacher to substantive appointment— (a) if on the date of [commencement referred to in sub-section (1) or (1-A) or (1-B) or (1-C), as the case may be]3, such post had already been filled or selection for such post had already been made in accordance with this Act, or (b) if such teacher was related to any member of the Committee of management or the Principal, or Head Master of the institution concerned. Explanation—For the purposes of this sub-section a person shall be deemed to be related to another if- (i) they are members of a Hindu undivided family; or (ii) they are husband and wife ;or (iii) the one is related to the other in the manner indicated in the second schedule to the Intermediate Education Act, 1921.}1