High Court of Judicature at Allahabad
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Ms. Maria Hanvey v. State Of U.P. And Others - WRIT - A No. 37746 of 2007  RD-AH 14156 (17 August 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner. Sri A.D. Sounders has put in appearance for the respondent No. 5.
Learned counsel for the petitioner contends that in the institution respondent no. 5 the petitioner is entitled for promotion under Chapter II regulation 5 of the Regulations framed under the U.P. Intermediate Education Act, 1921. Sri A. D. Sounders submits that the respondent - Institution is minority Institution. The provisions of Chapter II regulation 5 of the Act is not applicable. He placed reliance on the Division Bench judgement in W.P. No. 9776 of 1984 N.B. Lal Versus District Inspector of Schools & others decided on 31,8,1984 and the single Bench judgement in 2006 (4) Additional District Judge 663 (All.) Committee of Management, Sri Kund Kund Jain Inter College, Muzaffarnagar Versus State of Uttar Pradesh & others. Learned counsel for the petitioner has prayed that the selection on the post of Lecturer be stopped. In view of the aforesaid no case is made out for stopping the selection. In any case the appointment of any person shall be subject to result of the writ petition.
Let counter affidavit be filed within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. List on expiry of aforesaid period.
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