D.Y. Chandrachud, J. - (1.) This special appeal has arisen from a judgment and order of the learned Single Judge dated 20 November 2015 by which two writ petitions filed by the appellant respectively in 2008 and 2011 have been dismissed.
(2.) The dispute in the present case relates to the appointment of a Head Master in a recognized and aided Junior High School by the name of Maharshi Mukti Vidya Mandir Junior High School, Lal Gopalganj, Allahabad. In pursuance of an advertisement which was issued on 25 January 1992 in a newspaper, the seventh respondent, Ram Shanker Shukla was selected to the post. An approval was granted on 18 May 1992 by the District Basic Education Officer. An objection was raised by an Assistant Teacher by the name of Uma Shanker Tripathi upon which the District Basic Education Officer stayed his earlier order dated 18 May 1992 on 23 December 1992.
(3.) Several writ petitions were filed before this Court - Writ Petition No. 26608 of 1992 by Uma Shanker Tripathi for quashing the order of approval to the selection of the seventh respondent; Writ Petition No. 8520 of 1993 by the seventh respondent for the payment of his salary and another Writ Petition No. 45148 of 1993. The third writ petition was dismissed on 10 February 1993. The first two writ petitions were the subject matter of a common order dated 29 March 1995. The order of this Court held that the order granting approval passed by the District Basic Education Officer could be recalled only if it was obtained by fraud, misrepresentation or on a misconception of fact or law. Consequently it was left open to the objector to submit his contentions to the appointment of the seventh respondent to the District Basic Education Officer for expeditious consideration. If the order of approval was to be maintained, a direction was issued that the seventh respondent would be entitled to salary. The order of the learned Single Judge dated 29 March 1995 was sustained in a Special Appeal on 19 May 1995.;