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2011 Supreme(All) 410

SUDHIR AGARWAL
COMMITTEE OF MANAGEMENT, SARVODAYA INTER COLLEGE DINARI MORADABAD – Appellant
Versus
DISTRICT INSPECTOR OF SCHOOL MORADABAD – Respondent


Advocates:
Counsel :
Prakash Padia, Dr. R.G. Padia and Sunil Tiwari for the Petitioners; C.S.C., R.S. Misra and Manoj Kumar for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Sri Sunil Tiwari holding brief of Sri P. Padia for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2 and Sri Manoj Kumar for respondent No. 3 have been heard. As requested by learned counsel for the parties, the writ petition is being decided finally at this stage under the Rules of the Court.

2. The order dated 15th June, 2005 passed by the District Inspector of Schools, Moradabad (hereinafter referred to as ‘DIOS’) (Annexure No. 10 to the writ petition) is impugned in this writ petition aggrieved whereagainst petitioner has sought a writ of certiorari for quashing the same. DIOS has held that post of Lecturer (Geography) is to be filled in by promotion for which respondent No. 3 was eligible. He has directed the Committee of Management of Sarvodaya Inter College, Dinari, District Moradabad (hereinafter referred to as “College”) to send proposal for promotion of respondent No. 3.

3. The facts in brief giving rise to the present dispute are as under.

4. The College is an Intermediate educational institution recognized by the Board of High School and Intermediate and is governed by U.P. Intermediate Education Act, 1921 (in short























































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