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2005 Supreme(All) 2202

A.P.SAHI
SUSHILA GUPTA – Appellant
Versus
JOINT DIRECTOR OF EDUCATION, KANPUR REGION, KANPUR – Respondent


Advocates:
Counsel :
A.K. Singh and R.K. Ojha for the Petitioner; Ashok Khare, Kushal Kant, S.K. Srivastava, K. Shahi and S.C. for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—The dispute in the present writ petition pertains to the appointment on the post of Head-mistress of an institution, which was initially established and recognized as a Junior High School and was also receiving grant-in-aid from State funds up to that level, but was later on granted, recognition vide orders dated 1.8.1992 and 14.9.1995ras a High School and then as an Inter College under the provisions of the U.P. Intermediate Education Act, 1921.

2. The controversy arose when the permanent Head-mistress/Principal of the institution Smt. Sarla Dixit retired on 30.6.1999. The petitioner Smt. Sushila Gupta was placed under suspension which came to be disapproved, but instead of the petitioner, one Smt. Kusum Srivastava was allowed to officiate as Principal .who also retired on 30.6.2001. Instead of giving charge to the petitioner to officiate as the Head-mistress/Principal of the institution, the Management favoured one Smt. Shashi Prabha Mishra, who according to the petitioner, is junior to her and, therefore, the attempt of the respondent-committee to install Smt. Shashi Prabha Mishra was illegal. The Management further advertised the post on 11/12.6.200
















































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