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2016 Supreme(All) 3056

D. Y. CHANDRACHUD, YASHWANT VARMA
Ashok Kumar Dwivedi – Appellant
Versus
C/M Gangadin Ram Kumar Inter College – Respondent


Advocates Appeared:
For the Appellant :- Prakash Narayan Tirpathi
For the Respondent:- C.S.C.,Ashutosh Mani Tripathi,Daya Shanker Mani Tripaht

JUDGMENT

Dr. Dhanjaya Yaswant Chandrachud, C.J. and Yaswant Varma, J. –

Both the Special Appeals question the judgment rendered by a learned Single Judge on 17 March 2015 in terms of which two writ petitions preferred seeking quashing of an order dated 27/29 November 1992 passed by the District Inspector of Schools, Jaunpur came to be allowed. The order of the District Inspector of Schools upheld the appointment of the appellant as an Assistant Teacher in the Gangadin Ram Kumar Inter College. Since the two writ petitions and the challenge to the appointment of the appellant have a history it would be apposite to briefly note the same.

Appointment of the Appellant

2. The appellant is stated to have been appointed as an Assistant Clerk in the institution consequent to a vacancy having come into existence on 18 September 1972. The appellant came to be appointed against this vacancy on 30 December 1986. At the relevant time when the appointment was effected in favour of the appellant his father was working as the Officiating/Adhoc Principal in the institution. This appointment was approved by the District Inspector of Schools by an order dated 3 June 1987. Acting upon a complaint dated 2












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