TARUN AGARWALA
ASHOK KUMAR JAIN. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Hon’ble Tarun Agarwala, J.—Heard Sri Ashok Khare, the learned senior counsel assisted by Sri Rama Kant Dubey and Sri Vinod Sinha, the learned counsel for respondent No. 5 and the Standing Counsel for respondent Nos.1, 2 and 3. Since no factual controversy is involved in the present writ petition, the present writ petition is being decided without calling for a counter affidavit.
2. It transpires, that the Principal of the institution retired and a substantive vacancy came into existence on 20.6.1998. One Ram Babu Jain was granted an appointment as an officiating Principal but subsequently he was placed under suspension. Consequently, the petitioner, by virtue of being the senior most lecturer, was appointed as an officiating Principal of the institution in June 1999 and, the petitioner functioned in that capacity till 28.10.2005, on which date, the petitioner submitted his resignation citing family stress and ill health. This resignation was duly accepted by the Authorized Controller and the petitioner was relieved from the post of officiating Principal.
3. Consequent upon the occurrence of the vacancy in the office of the Principal by the resignation of the petitioner, ano
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