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ASHOK BHUSHAN, AJOY NATH RAY
JAG MOHAN SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
By the Court.—We are in respectful agreement with the reasoning given and the order passed by Hon’ble Tarun Agarwala, J. on 23.2.2006.
2. The Institution in question is a Christian Minority Institution at Bareilly and the post of the Principal of the College was to be filled up.
3. The Management prepared a selection list of three; the first candidate being one Sri Naveen Kumar Charan, the second was the appellant and the third was the respondent No. 5 before us.
4. The panel was sent to the Joint Director and No. 1 was approved. He joined the post. He worked for four months, then he resigned, then his approval was cancelled by the Joint Director on the ground that he did not have the requisite qualification in the first place.
5. The issue is whether in these circumstances the ordinary panel of three still remains alive for enforcement and for the benefit of the appellant. It would be material here to consider Section 16-E(7) of the U.P Intermediate Education Act, 1921 which is set out below :
“16-E. Procedure for selection of teachers and head of Institutions.—
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(7) Subject to the provisions of sub-section (8) the Committee of Management shall on receipt
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