S K RATHI Vs. PREM HARI SHARMA

JUDGEMENT

(1.) Special leave granted.

(2.) The short question involved in the present case is whether respondent no. 1 is entitled to continue as an acting Principal of the College till 30th June, 2000 as has been ordered by the High Court.

(3.) It is not in dispute that respondent no. 1, who was a teacher, had been appointed as an acting Principal. He attained the age of 60 years sometime in December, 1999. With an effort to continue in office, he filed a writ petition (C. M Writ Petition No. 54640 of 1999) and in the impugned order dated 5th January, 2000, the Division Bench of the High Court observed that in view of the decision of another Division Bench in Udai Narain Pandey's case, respondent no. 1 could continue to function as Principal of the Institution till 30th June 2000. Hence this appeal.