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2004 Supreme(All) 693

SUNIL AMBWANI
Dhanesh Kumar Sharma – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Petitioner: P. K. Bhardwaj.
Counsel for the Respondents: S. C.

JUDGMENT

Sunil Ambwani, J.—Heard counsel for petitioner and learned standing counsel for respondents.

2. The respondent No. 5 is seniormost teacher in lecturer’s grade in the institution. On the retirement of permanent Principal, he took over charge as officiating Principal in July, 2002. In April, 2003, he gave in writing that on account of illness, he shall not be able to continue as officiating Principal and thus the second seniormost person namely Sri Subhash Chandra Gupta was appointed as officiating Principal. Sri Subhash Chandra Gupta resigned on 25.11.2003 on the ground of some domestic circumstances after which the third seniormost person Sri Adarsh Kumar was offered to officiate as Principal. Sri Adarsh Kumar declined to accept the office of officiating Principal as he was going to retire on 30.6.2004. In these circumstances, the authorised controller handed over charge of the officiating Principal to the 4th seniormost teacher on 25.11.2003. It is at this stage the respondent No. 5 again appeared before the District Inspector of Schools and requested to officiate as Principal on the ground that he has recovered from illness. By impugned order, the District Inspector of Sc








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