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2007 Supreme(All) 280

S.RAFAT ALAM, SUDHIR AGARWAL
JOINT DIRECTOR OF EDUCATION, AZAMGARH MANDAL, AZAMGARH – Appellant
Versus
UDAI RAJ VISHWAKARMA – Respondent


Advocates appeared:
Abhinav Upadhyay, S.C. for the Appellants; R.K. Jain, Rahul Jain and Z.K. Hasan for the Respondents.

JUDGMENT

By the Court.—This intra-Court appeal under the Rules of the Court arises against the judgment dated 9.7.2002 passed by Hon’ble Single Judge allowing the writ petition of the petitioner-respondent (hereinafter referred to as ‘petitioner’).

2. The facts in brief are that Vindheshwari Inter College, Tulsi Nagar, Azamgarh (hereinafter referred to as “College”) is a recognised and aided Intermediate College and governed by the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as “1921 Act”), the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred “1971 Act”) and U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as “1982 Act”). The post of Principal fell vacant due to retirement of Sri Raj Kumar Gupta the then Principal of the College on 30.6.1994 whereagainst one Sri Raghunath Pandey, Lecturer (English), who was the senior most Lecturer in the College was promoted as ad-hoc Principal under the provisions of the U.P. Secondary Education (Removal of Difficulties) Order, 1981 (hereinafter referred to as the “First Order”) read with Section 1


































































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