RAM KRIT PATHAK Vs. KISHUN SINGH

JUDGEMENT

(1.) The present special appeal has been filed against the order dated 29.3.2011 passed by the learned Single Judge, whereby while staying the operation of the order dated 4.3.2011 passed by the District Inspector of Schools, Maharajganj, Sri Kishun Singh presently arrayed as Respondent No. 1 herein has been permitted to function as the officiating Principal of the institution.

(2.) We have heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Sidharth Khare, learned Counsel for the Appellant, Sri V.K. Singh, learned Counsel appearing for the Respondent No. 1, learned Standing Counsel representing Respondent Nos. 2, 3 and 4 and have perused the impugned order dated 29th March, 2011 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and documents filed alongwith it.

(3.) Sri Khare, learned Senior Counsel submitted that the order dated 29th March, 2011 has been obtained by the Respondent No. 1 by concealing the material fact that the applicant and not the Petitioner before the writ Court was the senior most teacher in D.A.V. Narang, Inter College, Ghooghly, District Maharajganj. Further, the Appellant has not been impleaded as one of the Respondents in the array of parties in the writ petition when the writ Petitioner had already been impleaded as one of the Respondents in the Special Appeal No. 393 of 2011 as early as on 23rd March, 2011 and also having put his appearance in the Special Appeal No. 2303 of 2011 itself and, therefore, the order impugned having been obtained by concealing the material fact is liable to be set aside.