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1996 Supreme(All) 921

D. P. MOHAPATRA, SUDHIR NARAIN
Nityanand Shukla – Appellant
Versus
Director of Education, U. P. – Respondent


Advocates:
Advocate appeared:
Rodney Shyam

Judgment :

Sudhir Narain, J.

1. BOTH these appeals arise out of the judgment dated September 9, 1991, passed by the learned single Judge, whereby the order passed by the Deputy Director of Education dated 18th July, 1990 was quashed but the writ petition was dismissed as regards the claim of Kailash Nath Shukla for nwindamus commanding the respondents to pay him salary for the post on which he was appointed by the Committee of Management.

2. BRIEFLY stated, the facts are that Nagrik Inter College, Janghai, district Jaunpur is a recognised institution (hereinafter referred to as the institution) and is governed by the provisions of U. P. Intermediate Education Act, 1921. In the institution, one Chandra Shekhar Mishra was teacher in L. T. grade. He retired from service on 30.6.1989 and one Sri Rama Kant, L. T. grade teacher was promoted to the lecturer's grade. The two posts fell vacant in the college. One was for teaching Sanskrit and the other was for teaching the general subjects. The Management of the institution advertised the posts in the newspaper on 1.6.1989 inviting applications for two posts of L. T. grade teacher and 25.6.1989 was fixed for interview. On 25.6.1989 separate



















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