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1969 Supreme(Pat) 64

B.N.JHA, N.L.UNTWALIA
K. C. Thomas – Appellant
Versus
R. L. Gadeock – Respondent


Judgment

Untwalia, J.

1. There is only one petitioner in this case. The two respondents are -- (i) Principal, Sainik School, TiJaiya, district Hazaribagh and (ii) the Chairman, Board of Governors, Sainik School Society, Central Secretariat, New-Delhi. The petitioners case is that the Sainik School Society was formed in 1961 and was registered under the Societies Registration Act, 1860 (Act 21 of 1860 hereinafter called the Act). The control of the Society is vested in the Board of Governors. The purpose of the Society is to run a type of public school for preparing boys for entry into the National Defence Academy and other walks of life. The Society aforesaid started the Tilaiya Sainik School in September, 1963. On 1st October, 1965, the petitioner was appointed as an Upper Division Assistant in the Tilaiya Sainik School by the then Principal of the School. The appointment was in a permanent staff of probation for one year or more at the discretion of the Principal and it was with effect from 8th October, 1965. The petitioners case in the sixth paragraph of the petition is that he was appointed in accordance with the letter dated 1st October, 1965, enclosed with which was a typed co














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