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2022 Supreme(All) 344

DEVENDRA KUMAR UPADHYAYA, SUBHASH VIDYARTHI
State of U. P. Thru Director Inspector of School Lakhimpur Kheri – Appellant
Versus
Manager Committee of Management Islamia Inter College – Respondent


Advocates Appeared:
For the Appellant : C.S.C.
For the Respondent: Dwijendra Mishra, Mohammad Danish, Mohd. Mansoor.

JUDGMENT :

Subhash Vidyarthi, J.

1. Since both the aforesaid appeals have been filed challenging the order dated 28.05.2019 passed by the Hon'ble Single Judge allowing Writ Petition No.4972 (S/S) of 2009 (Mueez Ahmad and another vs. State of U.P. and another), they have been heard together and are being decided by a common judgment and order, which is being passed in Special Appeal Defective No. 185 of 2020, treating it as the leading case.

2. Briefly stated, facts of the case are that Islamia Inter College, Lakhimpur Kheri is a minority educational institution. On 14.01.2009, the Appellant - Committee Of Management Islamia Inter College, Lakhimpur Kheri, had issued an advertisement inviting applications for making appointments on the post of Assistant Teacher in four subjects i.e. Mathematics, General, Hindi and Art. The respondent no.2 -Mueez Ahmad was a graduate in History and Political Science and the respondent no.3 - Mohd. Suhaib Hasan is a graduate with Mathematics as a subject and they were eligible for applying for the posts advertised. Both of them applied in response to the aforesaid advertisement. Several candidates participated in the interview held on 28.07.2009 includin

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