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2009 Supreme(All) 3422

A.P.SAHI
COMMITTEE OF MANAGEMENT, SWAMI LILA SHAH ADARSH SINDHI INTER COLLEGE – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
K.P. Shukla for the Petitioners; K.K. Chand, S.C. for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—Heard Sri K.P. Shukla, learned counsel for the petitioner and Sri K.K. Chand, learned Standing Counsel for the respondent Nos. 1, 2 and 3.

2. Sri K.P. Shukla is permitted to implead the affected teachers who are seeking promotion under the 25% quota, as respondents and necessary corrections be carried out accordingly.

3. Issue notice to the newly added respondents returnable at an early date. Steps be taken within ten days.

4. A supplementary affidavit has been filed for bringing on record the communication of the District Inspector of Schools, Agra.

5. On 19.10.2009, the petitioner-Committee has been threatened with action of supersession under Section 16-D of the U.P. Intermediate Education Act. A further direction has been issued to cancel the interviews, which are proposed to be held for the purpose of selection in the institution.

6. Sri K.P. Shukla, relying on the decision of this Court in the case of Committee of Management, Sri Kund-Kund Jain Inter College, Muzaffarnagar v. State of U.P. and others, 2006 (3) ESC 1528 contended that the District Inspector of Schools has no authority to interfere with the selection proceedings initiated by the petitio


















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