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1998 Supreme(All) 868

S.H.A.RAZA
RAVINDRA KUMAR, ADVOCATE – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
H.S.JAIN

S. H. A. RAZA, J.

( 1 ) MR. H. S. Jain, the learned counsel for the petitioner, espousing the cause of millions of students, studying in Primary as well as Secondary Schools, all over the State, submitted that right of students to receive education who will determine the future of this country, cannot be spoiled by those teachers who went on strike which was declared illegal by the State of U. P.

( 2 ) RIGHT of education in J. P. Uni Krishnan v. State of Andhra Pradesh, (1993) 1 SCC 642, has been held a fundamental right by Honble Supreme Court of India as that right is embedded under Article 21 of the Constitution of India. The petitioner who is a practising lawyer of this court, by way of public interest litigation, has raised several grievances against the teachers who went on strike recently and prayed for grant of several reliefs which are mentioned hereinunder :

(1) issue a writ, order, direction or declaration to the effect that strike in schools and colleges being run under the Basic Shiskha Act, 1972. as well as the educational institutions recognised by the Director of Education, U. P. , and the Board of High School and Intermediate Education, u. P. and the Government Seco
























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