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Madan Lal Saraswat v. State Of U.P. And Others - WRIT - A No. 38994 of 2006  RD-AH 12178 (25 July 2006)
HON. ARUN TANDON, J.
On behalf of the petitioner it is contended that appointment of respondent no. 4 and 5 has been recommended under the resolution of the Committee of Management dated 15.1.2006 on the basis of a Government Order dated 25.11.2005. According to the petitioner the said Government Order is inapplicable inasmuch as the vacancies had arisen prior to the issuance of the Government Order. In support of the said contention petitioner has placed reliance upon the judgment of this Court passed in Writ Petition No. 13947/06 (Kamlesh Prasad Vs. State of U.P.).
Lastly it is contended that even otherwise the petitioner is senior than respondent no. 4 and 5 and, therefore, has a preferential claim for the post. Hence the present petition.
In the opinion of the Court no interference at this stage is called for inasmuch as the recommendations made by the Committee of Management are still engaging the attention of the District Inspector of Schools, Aligarh. It is, therefore, provided that the petitioner may file his objections supported by such documents and judgments as he may be advised along with a certified copy of this order before the District Inspector of Schools, Aligarh.
On such objections being filed, the D.I.O.S. shall decide the same while considering the recommendation made by the Committee of Management. The District Inspector of Schools shall afford opportunity of hearing to the petitioner and respondent no. 4 and 5. The District Inspector of Schools shall pass a reasoned speaking order. The aforesaid exercise may be completed within six weeks from the date the objection are so filed before him.
Writ petition stands disposed of.
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