SUNEEL KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.N.Singh, learned senior advocate for the appellant and Shri Ashok Khare, learned Senior Advocate assisted by Shri Ram Milan Mishra for respondent no.3. Shri K. Shahi appears for respondent no.2

(2.) This Special appeal has been filed challenging the judgment and order dated 14.9.2009 of the learned Single Judge by Suneel Kumar Singh who was respondent No.4 in writ petition no.36441 of 2009 which was filed by Arun Kumar Chaturvedi, petitioner therein and respondent no.3 herein.

(3.) Brief facts of the writ petition are that Arun Kumar Chaturvedi and Suneel Kumar Singh both, amongst others, appeared for selection for appointment on the post of Head Master of Vidya Mandir Purva Madhyamik Vidyalaya, Kaamganj, Farrukhabad. This is a recognized Junior High School under the Basic Education Act, 1972 (in short, the Act of 1972) and the provisions of U.P. Junior High Schools( Payment of Salaries of Teachers and Other Employees) Act, 1978 (in short, the Act of 1978) are applicable. The procedure for appointment on the post of Head Master is regulated by U.P. Recognized Basic Schools (Junior High Schools)(Recruitment and Conditions of Service of Teachers) Rules, 1978 (briefly, the Rules of 1978).