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2017 Supreme(All) 2013

P.K.S.BAGHEL
Digamber Jain Inter College – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Akhilesh Kumar, Ritesh Upadhyay, Vijay Kumar Singh, Hritudhwaj Pratap Sahi, Ashish Mishra, Rohit Pandey.
For the Respondent: C.S.C., J.P.Singh, Vikas Budhwar.

JUDGMENT :

PRADEEP KUMAR SINGH BAGHEL, J.

1. All the three petitions involve similar question of law, therefore, they are being disposed of by this common judgment.

2. The petitioners in two of the writ petitions i.e. Writ-A No. 27537 of 2017 and Writ-A No. 5887 of 2017 are Committee of Management of an Intermediate College. The petitioners in these two writ petitions are praying for issuance of a writ of Certiorari for quashing the orders dated 6.6.2017 and 3.10.2016 respectively passed by the District Inspector of Schools (The DIOS) whereby he has directed the petitioner-Committee Management for the joining of the third respondent - Prateek Jain on compassionate ground on the post of the Assistant Teacher. Prateek Jain has also filed one of the writ petitions i.e. Writ-A No. 1438 of 2017 for issuance of a direction upon the District Inspector of Schools to ensure his joining as Assistant Teacher on compassionate ground.

3. All the above petitions relate to the appointment on compassionate ground in a recognized minority institution which receives financial aid from the State. The case arose in the following circumstances.

4. Digamber Jain Inter College, Baraut, Bahpat (The Institution










































































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