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Hoshiyar Singh Rajpoot v. State Of U.P. Thru' Secretary, Secondary Education & Others - SPECIAL APPEAL No. 1323 of 2006 [2006] RD-AH 17916 (18 October 2006)


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Hon.R.P.Misra, J.

Hon.Shishir Kumar, J.

This special appeal has been filed against the orders dated 29.8.2006, 12.9.2006 and 6.10.2006 passed by Hon'ble Single Judge. The petitioner submits that though the writ petition is pending before Hon'ble the Single Judge and 13.11.2006 has been fixed, as the various findings have been recorded by the Hon'ble Single Judge holding therein that the appointment of the petitioner is not in accordance with law and has directed the Regional Joint Director of Education, Kanpur Region, Kanpur to hold an inquiry regarding the adhoc appointment of the petitioner as well as the approval to the appointment of the petitioner, this clearly goes to show that the Hon'ble Single Judge has already given an opinion and finding regarding the appointment of the petitioner, therefore, pendency of the writ petition will not have any fruitful effect and the writ petition should have been decided on merits.

We have heard learned counsel for the appellant Sri Ashok Khare, Senior Advocate assisted by Sri S.C. Dwivedi and the Standing Counsel and have perused the orders, which are under challenge. The question regarding appointment of the writ petitioner is to be considered whether the adhoc appointment of the writ petitioner is in accordance with law or not. It is also to be considered whether on the date when the petitioner was appointed, the Committee of Management was having any jurisdiction to make the adhoc appointment on a substantive vacancy. In such a situation, the Hon'ble Single Judge has directed the competent authority to make an inquiry and he has fixed 13.11.2006 for further hearing.

In view of the aforesaid fact in our opinion, the special appeal at this stage against the orders mentioned above is not maintainable and there cannot be any interference by this Court. The special appeal is hereby dismissed.



Spl. Appeal No. 1323 of 2006


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