MUKTI NATH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) These four intra-Court appeals have been filed against the judgment and orders dated 3rd May, 2012 of the learned Single Judge passed in Writ Petition Nos. 28500 of 2011 and 67890 of 2011. The judgment in Writ Petition No. 67890 of 2011 has been passed following the judgment in Writ Petition No. 28500 of 2011. We have heard Shri Radha Kant Ojha and Shri S.C. Tripathi, learned counsel for the appellant and the learned Standing Counsel for the respondents in Special Appeal No. 1063 of 2012; Shri Ashok Khare, learned Senior Counsel with Shri R.C. Dwivedi, Advocate, for the appellant and Shri R.K. Ojha, Shri A.K. Yadav, Shri B.R. Singh, Advocates and the learned Standing Counsel for the respondents in Special Appeal No. 1054 of 2012; Shri Ved Byas Mishra, learned counsel for the appellant and Shri B.R. Singh as well as the learned Standing Counsel for the respondents in Special Appeal No. 1066 of 2012, and Shri Manish Goyal with Shri Hari Pratap Gupta, learned counsel appearing for the appellants and Shri B.R. Singh and the learned Standing Counsel for the respondents in Special Appeal No. 1073 of 2012.

(2.) In Special Appeal Nos. 1066 of 2012 and 1073 of 2012, the appellants are working as Assistant Teachers in the L.T. Grade in the institution in question. However, in Special Appeal Nos. 1063 of 2012 and 1054 of 2012, the appellants are working as Lecturers in the institution in question.

(3.) Mukti Nath Tiwari, the appellant in Special Appeal No. 1063 of 2012 filed Writ Petition No. 28500 of 2011 praying for quashing the result dated 7.5.2011 published by the U.P. Secondary Education Services Selection Board, Allenganj, Allahabad (hereinafter referred to as the 'Board') whereby it declared the panel for the post of Principal for the institution in question wherein Rajendra Kumar Singh, the appellant in Special Appeal No. 1054 of 2012 was placed at Serial No. 1. The ground of attack to the declaration of the result was manifold including the very appointment of Rajendra Kumar Singh as Teacher in the institution and further that the order of the District Inspector of Schools, Kushinagar dated 29.12.2008 whereby he had declared Mukti Nath Tiwari as senior-most teacher in the institution in question over and above Rajendra Kumar Singh and Dinesh Pratap Singh had not been set aside and was still operative.