(1.) THIS special appeal has been filed against, the Impugned order dated 26.8.2003, by which the learned single Judge has directed to maintain status quo as regard the post held by the respondent -petitioner.
(2.) FACTS and circumstances giving rise to this case that the Principal of Saltanat Bahadur Intermediate College, Badlapur, district Janpur retired long back and an Advertisement No. 1/1999 -2000 was published by the U. P. Secondary Education Services Selection Board, Allahabad on 24.12.1999. In response to the same, the appellant -respondent applied for the said post and interview was held on 24.4.2001 by the said Board and the result had been declared on 13.8.2003. Appellant -respondent had been selected as a regular Principal of the said college. Being aggrieved and dissatisfied, the respondent No. 1 petitioner filed Writ Petition No. 36883 of 2003, challenging the appointment of the appellant -respondent on the ground that he was officiating Principal for the last four years and the entire selection in pursuance of the Advertisement No. 1/1999 -2000 was already under challenge before this Court in some other writ petitions. The learned single Judge had directed the parties to maintain status quo as regard the post held by respondent No. 1 petitioner. Hence, this special appeal.
(3.) ON the contrary, learned counsel appearing for the Board as well as learned standing counsel appearing for the other parties, have supported the cause of the appellant. However, learned counsel appearing for respondent No. 1 petitioner has opposed the submissions made by Shri Indra Raj Singh and submitted that the entire selection is subject to the decision of the writ petitions, already pending in this Court and the appellant -respondent cannot be permitted to take the charge hence the appeal is liable to be dismissed.