- (1.) Heard Shri. Pt. S. Chandra, learned counsel for the appellants, Shri. Gopal Kumar Srivastava, learned Standing counsel for the State-respondents, Shri. Ajay Pratap Singh, learned counsel for the respondent No. 5, Shri. J.B.S. Rathour, learned counsel for the respondent Nos. 2 and 3, and Shri. R.K.S. Suryvanshi, learned counsel for the respondent No. 6.
(2.) This Intra-Court Appeal under Chapter VIII, Rule 5 has been filed by the Committee of Management, through Ram Dev Misra, the Secretary (appellant No. 1), the President of Committee of Management-Raja Ram Mishra (appellant No. 2) and Shri. Ram Dev Mishra (appellant No. 3), assailing the correctness of the judgment and order dated 5.7.2018 passed by the learned single Judge in Writ Petition No. 17211 (S/S) of 2018, whereby the Writ Petition filed by the present appellants has been dismissed. The dispute relates to the selection and appointment of the respondent No. 6-Raghvendra Pratap Singh, as a clerk in the Institution, namely, Mahatma Sarvesh Purva Madhyamik Vidyalaya, Sultanpur, Post Office and District Sultanpur.
(3.) Initially, when the Committee of Management wanted to make the selection, it was informed that there was a ban imposed by the State. Subsequently, the said ban was lifted. The respondent No. 6 is said to have been selected and appointed on the said post under a resolution of the Committee of Management dated 5.9.2017. The papers of the selection and appointment of the respondent No. 6 were forwarded to the District Basic Education Officer, Sultanpur on 6.9.2017.;