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1990 Supreme(SC) 385

KULDIP SINGH, N.M.KASLIWAL
Chairman, School Of Buddhist Philosophy, Leh, Ladakh (J And K) – Appellant
Versus
Makhanlalmattoo – Respondent


Advocates:
Atul Sharma, BABY LAL, E.C.AGARWAL, G.VENKATESWARA RAO, N.S.MATHUR, PURNIMA BHATT KAK, R.C.PATHAK, V.K.PANDITA

Judgment

KULDIP SINGH, J.- Special leave granted.

2. The School of Buddhist Philosophy, Leh (hereinafter called the School) is an affiliate institution of the Sampurnanand Sanskrit University, Banaras. The management of the School is in the hands of a society called Central Institute of Buddhist Studies, Leh which is registered under the Jammu and Kashmir Registration of Societies Act. Appointments to various posts in the School are regulated by the rules framed by the Board of Management in the year 1973. The academic and other qualifications for the post of Principal under the rules, are as under:

"Academic Qualification.- At least Masters Degree in Humanities or Social Sciences, with knowledge of rules and regulations, procedures and accounts.

Experience.- Minimum experience of 7 years, out of which at least 2 years should be in administration such as Administrative Assistant and not less than 3 years in teaching in Higher Secondary and/or Degree classes."

The qualifications for the post of Administrative Officer under the 1973 rules are identical.

3. M.L. Mattoo (respondent 1), who was functioning as the Administrative Officer, was given the additional charge of the post of Principa



























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