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1971 Supreme(All) 370

GOPI NATH, S. N. DWIVEDI
Arya Kanya Pathashala – Appellant
Versus
Manorama Devi Agnihotri – Respondent


Advocates appeared:
S.C. Khare and A.N. Srivastava, Advocates, for the Appellants; A.N. Srivastava, K.C. Saxena and Gyan Prakash, Advocates, For the Respondents

JUDGMENT

S.N. Dwivedi, J. - In this case we are concerned with the office of the Head Mistress in the Arya Kanya Pathshala, Higher Secondary School, Pilibhit. The office was vacant. Smt. Manorama Devi Agnihotri, the first respondent, was appointed to the office by the managing committee of the institution. She was appointed by an order of the Manager of the institution dated June 23, 1964. By a subsequent order dated July 9, 1965, her service was terminated. Against the order of termination she filed a writ petition in this Court. The petition was allowed and the order was quashed. Hence this appeal by the institution.

2. The learned single Judge found that the order terminating her service was made without obtaining the approval of the Inspectress of Schools. Counsel for the appellant has submitted that as the first respondent had not been validly appointed, no approval of the Inspectress of Schools was needed in her case. This argument was also raised before the learned Judge. But he did not accept it.

3. The institution is governed by the provisions of the Intermediate Education Act, 1921 (hereinafter called the Act) . Sec. 16-F (1) , in so far as it is material to this case, pro

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