- (1.) THE present appeal has been filed against the judgment and order dated 7th April, 2004 passed by the learned Single Judge, whereby the writ petition preferred by the respondent No. 1 has been allowed by following the decision of this Court in Writ Petition No. 8166 of 1994 (Sri Shiv Dhari Ram and Ors. v. State of U.P. and Ors.) decided on 6th October, 1999.
(2.) BEFORE the learned Single Judge, counsel for both the parties had agreed that the writ petition giving rise to the present appeal pertaining to the same institution, namely, Shri Krishan Vidyapeeth Uchchatar Madhyamik Vidyalaya Chirraiya Kot, Mau and the judgment referred in the case of Sri Shiv Dhari Ram (supra) is fully applicable with full force to the facts of the present case also. The learned Single Judge on the basis of the statement given by the counsel for the parties, had allowed the writ petition. Sri Veer Singh, learned Counsel for the appellant, submitted that the facts of the present case is not similar to that of Sri Shiv Dhari Ram's case. The respondent No. 1 had left the job in 1987 and there was certain other distinguishing features. Be that as it may, it was thus the facts which is being put before this Court had never brought to the notice of the learned Single Judge nor argued when the writ petition was being heard and decided. Therefore, we are not inclined to permit the appellant's counsel to raise the facts and questions which were not raised before the learned Single Judge at the time of hearing of the writ petition giving rise to the present appeal.
(3.) THE appeal fails and is dismissed.;