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2016 Supreme(All) 825

P.K.S.BAGHEL
CHINTAMANI UPADHYAYA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rahul Jain for the Petitioner; C.S.C. and R.C. Dwivedi for the Respondents.

JUDGMENT

Hon’ble P.K.S. Baghel, J.—The petitioner is an officiating Principal of a recognized institution, namely, Shyam Krishna Inter College. He has instituted this writ proceedings for issuing a writ of certiorari to quash the order dated 20th August, 2015 passed by the second respondent, whereby petitioner’s representation has been rejected against the transfer of the sixth respondent and the order dated 24th August, 2015.

2. A brief reference to the factual aspects would suffice.

3. Shyam Krishna Inter College, Thawaipar, Gorakhpur (for short, the “Institution”) is a recognized intermediate college. It receives financial aid from the State Government. The provisions of U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921), the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971), and the U.P. Secondary Education Services Selection Board Act, 1982 (U.P. Act No. 5 of 1982) are applicable to the Institution.

4. It is stated that a vacancy arose in the office of Principal of the Institution on 30th June, 2015. The petitioner being the senior most lecturer in the Institution was appointed as an




































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