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2017 Supreme(SC) 687

ADARSH KUMAR GOEL, UDAY UMESH LALIT
RAM KUMAR PATEL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
For the Appellants :- Dr. Vinod Kumar Tewari, Adv.
For the Respondents:- M.R. Shamshad, Adv.

JUDGMENT

Adarsh Kumar Goel, J.

Leave granted.

This batch of appeals has arisen from the judgment dated 1st December, 2016 of the High Court of Judicature at Allahabad in Special Appeal No.657 of 2015, 2017(1)ADJ 141, 2017(1)ALJ 445 and batch of the High Court of Judicature at Allahabad. The High Court has quashed the U.P. Basic Education (Teachers) Service (16th Amendment) Rules, 2012 on the ground that the said amendment was in conflict with the Notification dated 11th February, 2011 issued by the National Council of Teachers Education (NCTE).

2. It is not necessary to discuss the issue in detail as in the impugned judgment the High Court has followed its earlier judgment in Shiv Kumar Pathak v. State of U.P., 2013 (10) ADJ 21 wherein the issue of validity of 15th Amendment to the same rule was considered on the same ground. The said issue has been gone into by this Court in a separate judgment in Civil Appeal Nos. 4347-4375 of 2014 entitled State of U.P. and ors. v. Shiv Kumar Pathak and Ors. The High Court in the impugned judgment observed:

"... ... ... During the course of submissions advanced by the rival parties before us, we noted that the issues which were being canvassed were















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