SUNITI SINGH Vs. MANAGING DIRECTOR
LAWS(UTN)-2021-3-45
HIGH COURT OF UTTARAKHAND
Decided on March 12,2021

Suniti Singh Appellant
VERSUS
MANAGING DIRECTOR Respondents

JUDGEMENT

Sharad Kumar Sharma,J. - (1.)This is plaintiff/appellant's, Second Appeal, which has been preferred by her, being aggrieved as against the judgment and decree dated 8th September, 2004, which was rendered by the Court of Civil Judge (Junior Division), Almora, in Civil Suit No. 4 of 1998, Smt. Suniti Singh Vs. Management Committee, Adams Girls Intermediate College, Almora and others. By virtue of the judgment impugned dated 8th September, 2004, and the consequential decree of 14th September, 2004, the Suit, which was preferred by the plaintiff/appellant, for treating her degree of M.A. (Psychology), as a regular candidate, as to be one of the essential qualifications for the purposes of considering, her claim for the grant of promotion in the Institution of the defendant No.1, which was an aided recognised Minority Institution, having the protection of Article 30 of the Constitution of India.
(2.)Brief facts, which engage consideration in the present Second Appeal, are that as per the plaint averments, in a plaint, which was instituted by the plaintiff/appellant on 18th March, 1998, the plaintiff/appellant, herein, had sought a decree for declaration, to the effect that the defendant No. 2, by way of a decree of mandatory injunction may be directed to treat her degree of MA (Psychology), as to be a valid degree, for the purposes of consideration of her promotion in the Institution of defendant No.1, therein, to be valid.
(3.)Her contention in the Suit was that the plaintiff/appellant, herein, had completed her graduation with B.A. (Psychology), as one of the subjects, and later on was inducted as a Lecturer in the Institution of the respondents, which was an aided recognized Minority Institution and since she intended to pursue her further studies of completing her M.A. (Psychology), for which, admittedly plaintiff/appellant, case was that she had moved an appropriate application on 27th May, 1996, through the Principal of defendant No.1, for getting a prior permission to pursue her studies and complete her post graduation in the aforesaid subject.


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