Ram Padarath Yadav And Another vs State Of U.P. & Others
2012 Latest Caselaw 4448 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 45705 of 2012
 

 
Petitioner :- Ram Padarath Yadav And Another
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Rajnish Kuamr Srivastava
 
Respondent Counsel :- C.S.C.,Gyanendra Prasad Mishra
 

 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondent Nos. 1 and 3. Sri Gyanendra Prasad Mishra, Advocate has entered appearance on behalf of respondent No.2. Issue notice to respondent Nos. 4 and 5.

Each one of the respondents is accorded six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.

List thereafter.

On the matter being taken up today, requisite instruction has been received, and the same reflects that 03.03.2011 was the date fixed for interview. Requisite notice was sent to  the two senior most teachers of the institution concerned  for the purposes of appearing in the interview, but they failed to turn up. In view of this let counter affidavit be filed on behalf of the respondents, and it is clarified that respondent No.5, Dr. Bhanu Pratap Singh, shall be permitted to continue on the post of Principal, in view of the Division Bench judgment of this Court in the case of Raja Ram Yadav vs. State of U.P. and others, 2009 (1) ESC 430, wherein this Court has proceeded to hold that an incumbent selected and recommended by the U.P. Secondary Education Services Selection Board has a better right qua the incumbent, who is holding post on officiating basis.

However, the said arrangement shall be subject to final decision of this Court,

Order Date :- 24.9.2012

SRY