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Waliullaha v. C/M Dairatul Islah Chairaghe Uloom) Thru' Secretary & Others - SPECIAL APPEAL No. 942 of 2006 [2006] RD-AH 15332 (4 September 2006)


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Special Appeal No.942/2006

Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

Shri Ashok Khare, learned counsel for the appellant vehemently contended that the appellant, who was working in the institution, as senior most teacher, having been selected by the duly constituted selection committee, was appointed on the post of principal of the Madarsa vide letter dated 29.6.1994.  It is also submitted that vide order dated 2.8.1995 the Basic Shiksha Adhikari also approved his appointment and since then he was continuing in the institution.  However, when a new management came in the year 1995, the post of principal was again advertised in the month of June, 1996 although the same was not vacant on that day, as the appellant was continuing as regularly and validly appointed principal since 1994.

Admit and connect with Special Appeal no.941 of 2006.

No notice is required to be issued since respondent nos.1 & 2 are represented by Shri Anil Bhushan, Advocate, respondent nos.3 to 5 are represented by the learned Standing Counsel and respondent no.6 is represented by Shri A.A. Khan, Advocate.

Considering the submissions, we are of the view that the appeal requires an early disposal.  It is accordingly ordered that let the appeal be listed for final disposal in the week commencing 16.10.2006 along with the record of writ petition nos.30654 of 1998, 30412 of 2001 & 41592 of 1998.

Considering the submissions and looking to the facts of the case, it is directed that the parties shall maintain status quo, as of date, in respect of the post of principal of the institution in question, until final disposal of this appeal.




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