Supreme Court of India

District Basic Education Officer v. Dhananjai Kumar Shukla and Anr.

Neutral citation
Reported as [2007] 13 S.C.R. 972
Bench S.B. Sinha and G.S. Singhvi JJ.
Decided 7 December 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that the judgment of the High Court cannot be sustained.

Judgment, page 6

From the headnote

SERVi'CE LAW: UITAR. PRADESH RECOGNISED BASIC SCHOOLS (JUNIOR HIGH SCHOOLS) (RECRUITMENT AND CONDITIONS OF SERVICE OF TEACHERS) RULES, 1978: r. 6-Appointment of Headmaster-Disqualification-Being son of Manager of the School-HELD: Manager being on leave for a temporary period did not cease to be Manager of the School- He went on leave only to defeat the statutory provision-Such an act amounts fraud on the administration-Whether in law or in equity it would be wholly improper to continue the appointment-Equity. CODEOFCIVILPROCEDURE, 1908: Or.8 r. 5-Non-filing of written statement-Effect

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