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2022 Supreme(All) 1616

SARAL SRIVASTAVA
Committee of Management, Shiraze Hind Inter College – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Raees Ahamad and Sanjay Kumar Om
For the Respondent: Rahul Mishra and Shahla Naz

JUDGMENT :

Saral Srivastava, J.

Heard Sri S.K. Om, learned counsel for the petitioners, learned Standing Counsel for respondent Nos. 1 to 3 and Sri Rahul Mishra, learned counsel for the respondent No. 4.

2. The petitioner by means of the present writ petition has assailed the order dated 25.2.2021 passed by respondent No. 3 by which he has stayed the order of termination of respondent No. 4 subject to the decision of Criminal Case No. 141 of 2020, under Sections 379, 419, 420 and 506 I.P.C. and directed the petitioner to submit salary bills of respondent No. 4.

3. The petitioner is Committee of Management of Shiraze Hind Inter College, Murki, Kerakat, District Jaunpur (hereinafter referred to as 'college'). The said college is recognized and aided intermediate college governed by the provision of U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act, 1921') and also U.P. Act No. 24 of 1971. The petitioner claims that the college is a minority college and the provision of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as 'Act, 1982') is not applicable to the college being minority college.

4. The respondent No. 4-Ashutosh Kumar Singh

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