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2014 Supreme(All) 1758

D. Y. CHANDRACHUD, P. K. S. BAGHEL
AZIZULLAH KHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Khare, Irshad Ali and Siddharth Khare for the Appellant; C.S.C., Shamim Ahmed and V.K. Singh for the Respondents.

JUDGMENT

By the Court.—Both the special appeals arise from a judgment of the learned Single Judge dated 11 November 2014. Chronologically, the first special appeal is by the original petitioner before the learned Single Judge, while the second special appeal is by the fifth respondent in the writ proceedings. For convenience of reference, parties would be referred to by the array of parties before the learned Single Judge.

2. The Regional Joint Director of Education and the District Inspector of Schools, Moradabad granted approval to the appointment of the fifth respondent as a Principal of the Fazlur Rahman Inter College, Chandausi, District Sambhal. The appointment was sought to be challenged on the ground that the father of the fifth respondent was a member of the Committee of Management and that under Regulation 4 of Chapter III of the Regulations under the Intermediate Education Act, 1921, the fifth respondent was not eligible for appointment.

Regulation 4 of Chapter III provides as follows:

^^4- dksbZ Hkh v/;kid] tks izcU/k lfefr ds fdlh lnL; vFkok iz/kkuk/;kid vFkok vkpk;Z dk lEcU/kh gS] laLFkk esa vLFkk;h vFkok Li"V fjDr LFkku ij ugha fu;qDr fd;k tk,xk vkSj u laLFkk esa fdl












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