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DHARAM PAL SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Dharam Pal Singh v. State Of U.P. And Others - WRIT - A No. 37963 of 2007 [2007] RD-AH 14225 (20 August 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ashok Bhushan, J.

Sri Ashok Khare appears for respondent no. 5. Issue notice to respondent no. 4. Steps for service be taken within one week.

Learned counsel for the petitioner contends that the Committee of Management treating the petitioner to be senior most  passed resolution in his favour for appointing him  as officiating Principal  which was also approved by the District Inspector of Schools by order dated 7.3.2007 and the Joint Director of Eduction by order dated 25.7.2007 has directed  for giving charge to respondent no. 5 without giving any notice and opportunity.  The order of the District Inspector of Schools having been passed in favour of the petitioner no order adverse to the petitioner could have been passed by the Joint Director of Education without  affording opportunity.   Moreso, prima facie, as noticed  by the resolution of the Committee of Management, petitioner was treated to be seniormost.  A case has been made out for grant of interim order.

Let a counter affidavit be filed within three weeks. Rejoinder affidavit may be filed within one week thereafter.

Till the next date of listing the impugned order dated 25.7.2007 passed by the respondent no. 2 shall remain stayed.      

D/-20.8.2007

SCS/37963


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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