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2022 Supreme(All) 1419

SUNITA AGARWAL, VIKRAM D. CHAUHAN
Chandra Prakash Singh – Appellant
Versus
District Inspector Of Schools – Respondent


Advocates Appeared:
For the Appellant : Ramesh Chandra Dwivedi, Dinesh Kumar Singh.

JUDGMENT :

1. Heard Sri Dinesh Kumar Singh learned counsel for the appellant and Sri Ram Ratan Dev Vanshi learned Standing Counsel for the State-respondent.

2. The present special appeal is preferred challenging the judgment and order dated 10th August, 2018 passed by the learned Single Judge in Writ-A No. 30395 of 2001 (Chandra Prakash Singh Vs. District Inspector of Schools And others).

3. The said order dated 10th August, 2018 was passed in the absence of the counsel for the Appellant-Petitioner in the writ proceedings and the learned Single Judge after going through the pleadings and the relief sought has simply recorded a finding that the Appellant-Petitioner has not been able to make out a case so as to justify interference of this Court by granting relief. No finding, however, has been returned on the merits of the claim of the petitioner/appellant herein.

4. The primary challenge to the order dated 10th August, 2018 is to the effect that the order has been passed exparte and the conclusion drawn by the learned Single Judge is unsustainable in law. It is also submitted by the learned counsel for the Appellant-Petitioner that the Appellant was validly appointed on the post of

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