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2017 Supreme(All) 2878

VIVEK CHAUDHARY
RAZIA SULTANA – Appellant
Versus
STATE OF U. P. – Respondent


Advocate Appeared:
For the Appellant :Umesh Kumar Srivastava, Advocate
For the Respondent:C.S.C., D.R. Misra, Ghaus Beg, Shekhar Anand and Shikhar Anand, Advocates

JUDGMENT :

Vivek Chaudhary, J.

Petitioners are employees of Masoodi Kanya Junior High School Badihat, Bahraich. The said institution was brought on grant-in-aid by order dated 02.12.2006. However, thereafter on certain complaints an enquiry was held and order dated 28.03.2007 was passed by Assistant Director Education (Basic), Faizabad. By said order salary of petitioners was withheld and recommendation was made to the State Government to remove the institution from the list of institutions approved by State Government for grant-in-aid. The said order dated 28.03.2007 was challenged by Writ Petition (S/S) No.2983 of 2009. In writ petition by an interim order dated 26.05.2009 operations of aforesaid recommendations contained in order dated 28.03.2007, so far they related to stoppage of salary were stayed, however, it was left open for the Director of Education to take a final decision. On 31.08.2009 Director of Education took a final decision and directed for removal of institution from grant-in-aid list. The said order dated 31.08.2009 has been challenged by Writ Petition No.2313 of 2010.

2. Prominent grounds which persuaded the Director of Education were that;

(i) A common Committee o










































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