( 1 ) THIS is a reference made by a Division Bench in Civil Misc. Writ Petition No. 3538 of 2004 (Dr. Vinay Kumar Vs. the Director of Education (Higher), Allahabad and others ). The three questions referred by the Honble Division Bench will be found at the end of the judgement at internal Page 16.

( 2 ) THE said three questions are set out below:-

"1. Whether law laid down in Dr. Prakash Chandra Srivastava Vs. Director of Higher Education, Allahabad and Anr, 2003 (1) AWC 142 by this Court and followed in Alak n Guta (Km.) Vs. Director of Education (Higher) and Anr, 2003 (2) ESC 944, is contrary to and in violation of the letter and intent of the express language used by the legislature in Section 13 of the Act, 1980 read with Regulation 5 of Regulations, 1983?

2. Whether it is permissible for the Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution to either add or amend a statutory provision by enunciating an interpretation, which in its opinion, is just and

2. proper? 3. Whether there is a direct conflict between the ratio of the two cases Dr. Prakash Chandra Srivastava (supra) and Km. Alka Rani Gupta (supra) on one hand, and that of in Dr. Ranja

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