- (1.) THE present special appeal has been filed against the judgment and order dated 8th July, 2011 passed by the learned Single Judge whereby the learned Single Judge while disposing of the writ petition preferred by the Respondent No. 6 herein had directed the said Respondent to represent the matter before the Secretary, U.P. Secondary Services Selection Board, Allahabad and which was to be decided within period of six weeks and till the decision is taken status quo on the post of Principal, Gochar Krishi Inter College, Rampur Maniharan, Saharanpur shall be maintained.
(2.) WE have heard Sri V.K. Singh, learned Counsel for the Appellant, learned Standing Counsel, who represents Respondent Nos. 1, 3 and 4, Sri K.S. Kushwaha, who represents Respondent No. 2 and Sri Ashok Khare, learned Senior Counsel, assisted by Sri Ajai Kumar appearing for the Respondent No. 6 and have perused the impugned judgment and order dated 8th July, 2011 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it. Sri V.K. Singh, learned Counsel for the Appellant submitted that the Appellant had filed a caveat on 18th May, 2011 and without giving any notice to him the matter has been taken up and decided ex parte without issuing any notice to the Appellant. He thus submitted that the order dated 8th July, 2011 is liable to be set aside on this ground.
(3.) HE further submitted that the panel of placement of the selected candidates for the post of Principal had since been modified by the Board on 20th June, 2011 which fact has deliberately been concealed by the Petitioner (present Respondent No. 6) from the Court and had this fact been brought to the notice of the Court, the Court would not have directed for maintenance of the status quo on the post of Principal in Gochar Krishi Inter College, Rampur Maniharan, Saharanpur.;