JUDGEMENT
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(1.) Rajesh Kumar Singh s/o Chandra Bhushan Singh is before this Court assailing the validity of the order dated 7th April, 2016 in Writ Petition
No.14359 of 2016, wherein learned Single Judge has proceeded to pass
an order by mentioning "I do not find any reason for granting any interim
relief in the matter".
(2.) It is being submitted on behalf of petitioner -appellant that he had applied for consideration of his candidature for the post of Principal pursuant to
the advertisement made by U.P. Secondary Education Service Selection
Board vide Advertisement No.1 of 2008 and petitioner -appellant claims
that he has been selected in the panel of selected candidates declared,
which was declared on 7th December, 2009 by the Secretary of the
Board. Petitioner -Appellant submits that in spite of the fact that he has
been a selected candidate, his joining in question has not at all been
ensured and in order to resist the joining of appellant as Principal, Writ
Petition No.17090 of 2010 has been preferred and interim order was
passed on 7th May, 2010 and against the same, Special Appeal No.1023
of 2010 has been preferred and order dated 7th May, 2010 was quashed
by order dated 7th June, 2010 and against the same, SLP bearing (Civil)
No.21783 of 2010 has been preferred before the Apex Court and the
same was dismissed on 13th August, 2010. Petitioner -Appellant submits
that in spite of these orders in his favour, he was not being permitted to
perform his duties as Principal and accordingly, order of Single operation
was passed. Petitioner -appellant has contended that all attempt was
made to thwart of his joining. Petitioner -appellant has contended that
with great difficulty he was permitted to function as Principal but his
harassment and victimization continued. Petitioner -appellant submits that
thereafter an attempt was made to raise as issue in respect of his
educational qualification and specially in reference of the experience.
(3.) Petitioner -appellant stated that in this direction issue was raised and in the said issue, initially, learned Single Judge submitted that once
selection process is over, U.P. Secondary Education Service Selection
Board has no right to intervene. Petitioner -appellant has contended that
in Special Appeal No. 476 of 2014, the authority of Board to take action
has been approved and thereafter complaint has been made to the
Board and the Board has proceeded to non -suit the claim of appellant on
the basis of experience. Petitioner -appellant submits that he has
proceeded to raise pertinent issue in writ petition, wherein a prima facie
strong case was made out by him to grant interim order in faovur of
petitioner -appellant and in view of this, this Court should intervene in the
matter as on account of non grant of interim order valuable right of
petitioner -appellant are being infringed on totally unfounded grounds
mentioned in the order impugned.;
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