S. P. SRIVASTAVA, J.

( 1 ) HEARD the learned counsel for the appellant.

( 2 ) SHRI H. R. Misra, the learned standing Counsel representing the respondent nos. 1 and 2 as well as Dr. Padia, learned Senior Advocate, representing the petitioner-respondent no. 3 have also been heard.

( 3 ) PERUSED the record.

( 4 ) THE dispute in this case relates to the appointment and the entitlement of respondent no. 3 to hold the post of an assistant Teacher in an educational institution known as Nehru Jai Jawan Jai kisan Junior High School, Galand, ghaziabad, which institution imparts education up to the standard of class-VIII and receives the grant-in-aid from the state. At present an Authorised Controller has been appointed for that institution vesting him with the jurisdiction exercisable by the Committee of management.

( 5 ) THIS appeal has been filed by the committee of Management through the learned single judge holding that the respondents which included the Regional deputy Director of Education and Basis shiksha Adhikari, Ghaziabad were not entitled to be heard in opposition to the writ petition as they had in utter disregard of the impugned order dated 22. 02. 2002 passed by this court had

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