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2008 Supreme(All) 81

TARUN AGARWALA
VIRENDRA KUMAR SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
R.K. Ojha for the Petitioner; Ashok Khare for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—Heard Sri R.K. Ojha, the learned counsel for the petitioner and Sri Ashok Khare, the learned senior counsel appearing for respondent No. 5. Since no factual controversy is involved in the present writ petition, the same is being disposed of at the admission stage itself without calling for a counter affidavit.

2. The respondent No. 5 was appointed as an adhoc Principal in the institution managed by respondent No. 4. The said respondent reached the age of superannuation and the Committee of Management resolved to appoint the petitioner as an ad-hoc Principal. The committee of management forwarded the papers to the District Inspector of Schools for, approval. The District Inspector of Schools by the impugned order directed the Committee of Management to permit respondent No. 5 to continue as an ad-hoc Principal till the end of the academic session, i.e., till 30.6.2008. The petitioner, being the senior most teacher and being entitled to be appointed as an ad-hoc Principal has filed the present writ petition.

3. The learned counsel for the petitioner submitted that the controversy involved in the present writ petition is squarely covered by two Divisi












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