- (1.) Heard Sri H.N. Pandey, learned Counsel for the Petitioner, Sri R.N. Singh, learned Senior Advocate assisted by Sri Vinod Kumar Singh, Advocate for Respondent No. 4 and learned Standing Counsel for State-Respondents.
(2.) The present writ petition has been filed for following reliefs: (I) A writ, order or direction in the nature of certiorari calling for the records of the case and quashing the impugned order of the Zila Basic Shiksha Adhikari, Mathura dated 23-10-2002 (approving the selection and appointment of Respondent No. 4), letter of appointment dated 24-10-2002 (Annexure-5) issued by Manager of the institution to Respondent No. 4 appointing him as Head Master of the institution and the entire selection proceedings in respect of the post of Head Master of Shri Narain Das Vidya Mandir, Raipura, Jat, Mathura, in which Respondent No. 4 has been alleged to be selected. (II) A writ, order or direction in the nature of mandamus directing the concerned Respondent to hold fresh selection against the post of Head Master of Shri Narain Das Vidya Mandir, Raipura, Jat, Mathura in accordance with law. (III) Any other writ, order or direction to which this Hon'ble Court may deem fit and proper in the nature and circumstances of the case. (IV) Award the cost of the petition. (V) To issue a suitable Writ order or direction including a writ in the nature of Quo-Warranto declaring the Respondent No. 4 is not entitled to hold post office of the Head Master of the Institution and his appointment against the said post is nullity. (VI) To issue a suitable Writ order or direction including a writ in the nature of Mandamus directing the concerned Respondents and the State Authorities to recover the amount of money paid to Respondent No. 4 as salary from Respondent No. 4 and other Respondents and Authorities responsible for making payment of salary to Respondent No. 4.
(3.) This Court on 25th November, 2010 had noticed two preliminary objections, which were raised by Sri V.K. Singh, learned Counsel for Respondent No. 4 as well as reply submitted thereto.;