- (1.) Heard Sri Durgesh Mishra, learned counsel for the petitioner, Sri Mansoor Ahmad learned Chief Standing Counsel for opposite parties nos. 1 and 2 and Sri J.B.S. Rathore for opposite parties 3 and 4.
(2.) The petitioner herein is an Assistant Teacher in Adarsh Inter College Bhadarya, Sultanpur. He had earlier filed a petition bearing Writ Petition No. 2414 (SS)/2015 based on the same facts and cause of action but under a misconception he had based his claim on the provisions referable to Basic Schools, therefore, learned counsel for the petitioner contended that he undertakes to withdraw the earlier writ petition and in these circumstances prays that this writ petition should be heard.
(3.) This second writ petition without withdrawing the earlier writ petition is not maintainable, however, as even on merits the petitioner does not have a case, therefore, in order to put at rest the controversy the petition is also being considered on merits.;