JUDGEMENT
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(1.)PRESENT writ petition has been filed for setting aside the appointment of respondent no. 3 as Headmistress of CIE, Experimental Basic School, which is administered and managed by the Department of Education under the Delhi university.
(2.)ON 5th December, 2008 I had restrained respondent no. 3 from functioning as headmistress on the ground that respondent no. 4-Delhi University in its counter affidavit had stated that quorum of Managing Committee in which respondent no. 3 had been selected was not complete and further that promotion of respondent no. 3 as Headmistress had been confirmed despite the fact that petitioner's representation had not been disposed of.
(3.)HOWEVER, subsequent to the order dated 5th December, 2008, respondent no. 2 i. e. Managing Committee of School has appeared and the order dated 12th january, 2000 whereby they were proceeded ex-parte was set aside. Subsequently, respondent no. 2 filed a detailed affidavit, which has now been adopted by respondent no. 4-Delhi University vide its affidavit dated 28th February, 2009. In fact, Delhi University/respondent No. 4, has regretted that its earlier counter affidavit was filed, "on account of erroneous impression of law as well as on account of non-communication and non-cooperation on the part of the school authorities. " In this new affidavit, respondent No. 4 has prayed that the matter be disposed of in accordance with the stand taken by the respondent No. 2 school and the earlier affidavit filed by University be ignored.
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