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2009 Supreme(MP) 906

SUBHASH SAMVATSAR, A.P.SHRIVASTAVA
Sunil Kumar Saxena – Appellant
Versus
Holy Cross Ashram Higher Secondary School, Datia – Respondent


Advocates:
Y.K. Bharadwaj with Anand Bharadwaj for appellant;
K.N. Gupta with Vijay Sundaram for respondent No.1;
Vivek Khedkar, Government Advocate for State.

JUDGMENT

Samvatsar, J. -- 1. This writ appeal is filed by the petitioner assailing order dated 25.2.2009 passed by learned Single Judge of this Court in Writ Petition No.2837/08(S) whereby the writ petition filed by the present appellant stood dismissed on the ground that the writ petition was not maintainable.

2. Brief facts of the case are that the appellant approached this Court stating that he was appointed as a direct recruit with respondent No.1 Holy Cross Ashram Higher Secondary School, Datia as a Lecturer (Chemistry) on 1.2.2005 and since then he was imparting education to the students of Classes X to XII. It is alleged that the respondent school is affiliated to Board of Secondary Education, Madhya Pradesh, Bhopal and is governed by the provisions of Madhya Pradesh Madhyamik Shiksha Adhiniyam, 1965. On 4.2.2008, the appellant applied to the respondent No.1 institution for grant of experience certificate. The respondent institution issued a certificate showing the designation of the appellant as Assistant Teacher (Science) on 6.2.2008. Appellant protested against the same on which the petitioner was orally asked to resign and his services were dispensed with by an oral or


























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