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1966 Supreme(MP) 6

P.V.DIXIT, R.J.BHAVE
RAS BIHARI PANDEY – Appellant
Versus
MUNICIPAL CORPORATION – Respondent


JUDGMENT :

( 1. ) BY this application under Articles 226 and 227 of the Constitution, the petitioner questions the legality of the appointment by respondent 4, the standing committee of the Municipal Corporation, Jabalpur, of respondent 3, Ramakrishna Upadhyay, as lecturer In Economics in L. N. Yadav Higher Secondary School, Jabalpur, alleges that he Is usurping the office of lectureship, and contends that he, that is the petitioner, himself should have been appointed to the post. The applicant prays that a writ in the nature of quo warranto be issued against respondent 3 to show cause as to by what autherity he is functioning and acting as lecturer In Economics In the aforesaid school, that the resolutions passed by respondent 4, the standing committee, with regard to the appointment of respondent 3 be quashed by writs of certiorari, and respondent 3 be restrained from functioning and acting as lecturer, and further that a direction be issued to the Municipal Corporation, Jabalpur, and its standing committee to appoint him to the post.

( 2. ) THE material facts are that the L. N. Yadav Higher Secondary School, Jabalpur, is an institution run and managed by the Municipal Corporation













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