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1976 Supreme(Online)(All) 20

ALLAHABAD HIGH COURT
A. B. S., J
Ram Asrey Misra – Appellant
Versus
Akhilesh Chandra Upadhya – Respondent


1. This is a petition under Art.226 of the Constitution for the quashing of the order dated 7th March, 1975, appointing Akhilesh Chandra Upadhya as Principal of Raja Shri Krishna Dutta Degree College, Jaunpur.

2. Raja Shri Krishna Dutta Degree College, conducts B.A. B.Sc. and B.Ed. classes. The College was previously affiliated to Gorakhpur University. Sri Akhilesh Chandra Upadhya, respondent No. 4, was its permanent principal, he took one year's leave with effect from 2nd October, 1972, and later on he got his leave extended upto 1st April, 1975. During that period he joined as principal of Goverdhan Dass Binani Degree College, Mirzapur, which was also affiliated to the Gorakhpur University. During his absence the Committee of Management of the Raja Shri Krishna Dutt Degree College, Jaunpur (hereinafter referred to as the Jaunpur College) invited applications from qualified and experienced persons for appointment to the post of Principal in leave vacancy which was likely to be made permanent. Ram Asrey Misra, the petitioner, who was a teacher in the Jaunpur College applied for the same. A Selection Committee as required by the U. P. State Universities Act, 1973, which had come into














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