DINA NATH RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice Sunil Ambwani in his Lordship's impugned order dated 27.7.2005. We would add another reason of ours in maintaining his Lordship's order.

(2.) The appellant was selected as a Principal of Bramharshi Sri Ram Krishna Inter College at Mau district. Many selections of Principals were quashed in writ petitions including the appellant's. Several S.L.Ps. were filed to the Supreme Court; orders of status quo were passed including one in favour of the appellant on 13.10.2003. During the pendency of the order of status quo, under protection of which, the appellant has been and still is functioning as the Principal of the Mau College, he took steps on the basis of an advertisement issued on 30.8.2004 for being transferred as Principal to the Sarvodaya Kishan Inter College at Gorakhpur district.

(3.) The respondent before us who is the writ petitioner in the court below being the seniormost teacher in the Gorakhpur College filed a writ petition for restraining the transfer of the appellant from Mau to Gorakhpur.