MALATI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kripa Kant Pandey, learned counsel appearing on behalf of the respondents no. 3 and 4 and learned Standing Counsel on behalf of respondents no. 1 and 2.

(2.) Learned counsel for the parties agree that the present special appeal as well as the Writ Petitions No. 27742 of 2016 and 21456 of 2016, may be disposed of at this stage after calling for the records of the writ petition specifically in view of the order which is proposed to be passed hereinafter.

(3.) Shri Bhar Shiv Managala Vidyalaya, Badi, Gaibi, District Varanasi is a Society duly registered under the Societies Registration Act, 1860. The said Society runs and manages a junior high school with the same name. With reference to the elections of the Office bearers of the Society held on 9.11.2014, a list of office bearers was submitted, showing Sri Uma Shankar Singh as the President, Malati Devi as the Manager, Sri Ram Lakhan Prasad as the Secretary and Munna Rajbhar as the Member of the Executive Body. This list is stated to have been registered under Section 4 of the Societies Registration Act, 1860 where no objection thereto had been filed. It is further stated that after the signature of Malati Devi as the Manager of the institution was approved, she sought permission from the District Basic Education Officer vide letter dated 9.6.2015 for advertisement of two vacancies for the post of Assistant Teacher, which was duly granted.