COMMITTEE OF MANAGEMENT OF R.V.M. INTER COLLEGE, TILHAR" DISTRICT, SHABJABANPUR AND ANOTHER Vs. U.P. SECONDARY EDUCATION SERVICES COMMISSION ALLAHABAD AND ANOTHER

JUDGEMENT

(1.) The learned standing counsel, on behalf of the respondent No. 2 (The District Inspector of Schools. Shahjahanpur) states that the counter-affidavit of Shri A.P Sharma to tho present petition is ready tho same having been affirmed on the 23rd of April, 1992, and a copy thereof having been furnished to the learned counsel for the petitioners on the same day, but he is, at the moment, unable to produce the same for being filed in the court. However, he has obtained the copy furnished to the learned counsel for the petitioners, and tendered the same to the Court so that the matter may be proceeded with and has undertaken to put in the original, of which the copy has been taken, on file, for being filed as part of the record in this case, The learned Advocate for the petitioners tenders his affidavit in rejoinder to the counter-affidavit of the aforesaid Shri A.P. Sharma, second respondent.

(2.) Mr. K.P. Agrawal, learned advocate for the applicant Dharmvir Gupta, has applied that the said Dharmvir Gupta be impleaded as party respondent to this case. The learned advocate for the petitioners states that although Mr. Dharmvir Gupta is neither a necessary nor a proper party in the present petition, the petitioners have no objection, to Mr. Dharmvir Gupta having impleaded as party respondent. In the circumstances, by consent of the parties, Mr. Dharmvir Gupta is impleaded as party respondent No. 3. The amendment to the petition to be carried out so as to include the name of Mr. Dharmvir Gupta was patty respondent No. 3. Mr. Agarwal has also tendered the counter-affidavit now in the present petition. The learned advooate for the petitioners states that there is no time enough to file any rejoinder affidavit to this counter-affidavit and that the matter be heard and disposed of finally and is required to be proceeded with as early as possible. In the circumstances, by consent of the parties the allegations contained in the aforesaid counter-affidavit of Mr. Dharmvir Gupta are treated as denied for the purposes of the present petition. As the counter-affidavits and rejoinder affidavit have already been exchanged, with the consent of the parties and in accordance with the rules of this Court, the petition is taken up for heading and final disposal and is being disposed of by the present judgment.

(3.) the petitioners, who are the Committee of Management of R.V.M. Inter College, Tilhar, district Shahjahanpur, through its Manager Shri Lal Prabhat Chandra and the aforesaid Manager Shri Lal Prabhat Chandra respectively, have filed this petition against the Uttar Pradesh Secondary Education Services Commission, Allahabad and the District Inspector of Schools, Shahjahanpur respectively, under the facts and circumstances briefly stated here in below.