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2011 Supreme(All) 1585

AMITAVA LALA, SANJAY MISRA
RISHI KANT SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :R.N. Singh and Vinod Kumar Singh for the Appellant; C.B. Yadav, H.N. Pandey, S.S. Bhadauria, K.N. Mishra, Prashant Mishra, S.C. for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—This special appeal is arising out of the judgment and order dated 22nd December, 2010 passed by the learned Single Judge in Civil Misc. Writ Petition No. 46303 of 2003 (Asha Ram Chauhan v. State of U.P. and others) whereby the writ petition has been allowed and the orders impugned in the writ petition dated 23rd October, 2002 and 24th October, 2002 have been quashed.

2. The facts remain that on 30th June, 1997 the post of Head Master of the institution in question had fallen vacant. On 17th June, 2002 necessary advertisement was made. On 06th September, 2002 selection was made in favour of the appellant, the respondent No. 4 in the writ petition. On 23rd October, 2002 approval to the appointment of the appellant was made. On 24th October, 2002 appointment order was issued to the appellant. On 01st November, 2002 appellant joined in the respective post of Headmaster of the institution. Thus, the appellant, respondent No. 4 in the writ petition, was appointed as regular Headmaster of the institution in question following the process of law. The writ petition was filed by the respondent No. 5, writ petitioner in the writ petition, on 14th October, 2003


























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