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2019 Supreme(All) 2695

ASHWANI KUMAR MISHRA
Anita Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Siddharth Khare, Arun Kumar, Ashok Khare, S.K. Dixit
For the Respondent: C.S.C., Amit Shukla, Satyendra Chandra Tripath

JUDGMENT :

1. Short question that arises for consideration in the facts of the present case is as to who would be eligible to officiate as Principal of the Institution concerned i.e. the petitioner or respondent No.5?

2. Jalaun Balika Inter college, Jalaun is a recognized institution under the provisions of U.P. Intermediate Education Act, 1921 and the provisions of Payment of Salaries Act, 1971 are also applicable upon the institution. The post of Principal fell vacant in the institution on 30.06.2009. An issue arose as to who would be entitled to officiate as principal and by the order impugned dated 16.05.2013, contained in Annexure No.9 to the writ petition, the District Inspector of Schools, Jalaun has accepted the candidature of respondent No.5 to officiate as principal, while denying petitioner's candidature primarily on the ground that on the date of accrual of vacancy, she was not eligible.

3. Qualification for appointment to the post of officiate principal is the same which is contemplated for a regular principal. Such qualification stands statutory prescribed in Appen

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