Arun Tandon, Alok Kumar Mukherjee, JJ. - (1.) Heard learned counsel for the parties and perused the record.
(2.) This Special Appeal is directed against the judgement and order of the learned Single Judge dated 13th October 2008, passed in Writ Petition No.35409 of 2004-(Hit Lal and others v. State of U.P. and others). Facts as are borne out from the record relevant for our purposes, are as under:- Kishan High School, Bankata Faizabad is an institution aided and recognised under the provisions of the Intermediate Education Act. Provisions of U.P. Secondary Education Service Selection Board Act, 1982 (herein after referred to as Act 1982 ) are fully applicable to the teachers of the said Institution. The Committee of Management of the said Institution is stated to have passed a resolution, after holding a departmental enquiry to dismissed its Principal Sri R.P. Yadav, the respondent no.5. The documents pertaining to the resolution of the Committee of Management dated 20.07.1998 are stated to have been transmitted to the District Inspector of Schools, Faizabad on 07.09.1998, who in turn forwarded the same to the U.P. Secondary Education Service Selection Board (herein after referred to as 'Selection Board') for approval, as contemplated by Section-21 of the Act 1982. Approval is said to have been granted by the Selection Board on 12.02.2004.
(3.) Against the said order, respondent no.5 approached the Principal Secretary, Secondary Education, U.P. Government, Lucknow. The Secretary wrote a letter dated 11.06.2004 to the Selection Board for reconsideration of the matter.;