RAJNI YADAV Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-10-113
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on October 16,2015

RAJNI YADAV Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) Heard Sri Verma, learned Counsel for the appellant, the learned Standing Counsel for the respondent Nos. 1, 2 and 3, Sri Som Kartik for respondent No.4 and Pt. S. Chandra for the respondent No.5.
(2.) This appeal arises out of an order of the learned single Judge passed at the interim stage of the pendency of Writ Petition No.5660 of 2015 dated 28.9.2015, wherein the learned Counsel for the appellant contends that the said order was passed without taking into consideration the statutory provisions of Regulations 29 and 30 of Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921, as also the impact of the communications including the letters submitted by the petitioner in relation to her claim of functioning as an ad hoc Principal of the Institution.
(3.) It is undisputed that the Institution is an aided Institution governed by the provisions of U.P. Intermediate Education Act, 1921, as well as the U.P. Secondary Services Selection Board Act, 1982 and the regulations framed there under. The appellant was admittedly earlier working as ad hoc Principal of the Institution. The Committee of Management took a stand that the appellant had submitted her resignation which the appellant contends was in order to accommodate the regularly selected candidate of the Commission, who has been empanelled for being appointed as a regular Principal in the Institution. The said resignation letter, as submitted by the appellant, came to be considered by the Committee of Management in a resolution but prior to passing of the said resolution dated 23.11.2014, the appellant appears to have straightway approached the District Inspector of Schools who passed an order on 17.11.2014. Thereafter, the District Inspector of Schools passed an order on 22.11.2014 in continuation of earlier letters dated 13.11.2014 and 17.11.2014.;


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