Supreme Court · 2007 INSC 1250 · Decided 7 December 2007
District Basic Education Officer v. Dhananjai Kumar Shukla and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1250 · [2007] 13 S.C.R. 972
- Case number
- CIVIL APPEAL No. 5773/2007
- Decided
- 7 December 2007
- Bench
- S.B. SINHA, G.S. SINGHVI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 141; Evidence Act Section 56; Constitution Article 226
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 D temporary period did not cease to be 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. E CODEOFCIVILPROCEDURE, 1908: Or.8 r. 5-Non-filing of written statement-Effect of-HELD: Rules of pleading contained in the Code do not cover
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