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2007 Supreme(All) 1681

PRAKASH KRISHNA, ASHOK BHUSHAN, H. L. GOKHALE
DAYA RAM SINGH. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Bhagwati Prasad and P.K. Bhardwaj for the Appellant; Anuj Kumar, K.S. Kushwaha, G.C. Upadhyaya, Y.K. Srivastava, S.C. for the Respondents.

JUDGMENT

Hon'ble H.L. Gokhale, C.J.- A reference has been made to the Full Bench, for deciding the following questions :

(i) What is the correct interpretation of clause No. 4 of the Government Circular dated 10.10.2005, issued by the Government of Uttar Pradesh?

(ii) Whether the decision rendered in the case of Smt. Kanti Singh v. State of U.P. and others (2007(2) ADJ 271 (DB)) interpreting the said clause, is based on correct preposition of law?

2. The facts leading to this reference are as follows. The appellant, herein was one of the candidates for the post of Shiksha Mitra (Friends of education), which are the posts created for spread of primary education under the Scheme, which was floated by the State Government initially on 1st of July, 2000, and which has been revised by subsequent Government Circular dated 10th of October, 2005. The rights of the teachers working under the Scheme are somewhat limited. Clause No. 4 of this Government Circular lays down the conditions of eligibility for the selection of Shiksha Mitra. This Clause when translated into English from Hindi reads as follows :

”The minimum educational qualification for the Shiksha Mitra (men/women) will be passing




















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