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2012 Supreme(All) 3292

R.K.AGRAWAL, SUNIL HALI, A.P.SAHI
PRASHANT KUMAR KATIYAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Lakshmi Kant Trigunait for the Petitioner; C.S.C., Pradeep Verma and S.R. Singh for the Respondents.

JUDGMENT

By the Court.—This reference has arisen out of a conflict having been noticed by a learned Single Judge between the division bench judgment in the case of Ved Prakash v. Hari Krishna Singh and others, Special Appeal No. 30 of 2011 decided on 19th January, 2011 at Lucknow that has partly disapproved the ratio of the decision of a learned Single Judge in the case of Raja Ram v. State of U.P. and others, decided on 30.11.2009 reported in 2009 (10) ADJ 585, and the decision delivered by another division bench at Allahabad in the case of U.P. Secondary Education Services Selection Board Allahabad v. State of U.P. and others, 2011(2) ADJ 892 that arose out of the Single Judge judgment in the case of Raja Ram (supra), and has upheld the same reported in 2011 (3) ADJ 340. The judgment in the case of Ved Prakash (supra) was rendered at Lucknow two days earlier to the judgment in the case of U.P. Secondary Education Services Selection Board Allahabad (supra) which was delivered on 21.1.2011 without noticing the judgment in the case of Ved Prakash (supra). These two simultaneous pronouncements within a short span in the peculiar circumstances noted above has given rise to this referen









































































































































































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