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2014 Supreme(All) 1307

D. Y. CHANDRACHUD, DILIP GUPTA, SUNEET KUMAR
JAI PRAKASH NARAYAN SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Sanjeev Singh, Ms. Durga Tewari and A.N. Pandey for the Petitioners; R.C. Upadhyay and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Dr. D.Y. Chandrachud, CJ.—The present reference to the Full Bench has been occasioned by a referring order dated 29 April 2014, in CMWP No. 23627 of 2014 (Dr. Jai Prakash Narayan Singh v. State of U.P. and others.. The reference primarily involves a construction of the provisions of the Uttar Pradesh State Universities Act, 1973 and the Uttar Pradesh Higher Education Services Commission Act, 1980 together with the Statutes which govern the State Universities. The Division Bench has referred the following questions for consideration by the Full Bench:

1. Whether there is a conflict between the ratio of the decisions in the cases of Daljeet Singh v. State of U.P., 2007(7) ADJ 117 (DB) and Om Saran Tripathi v. State of U.P., 2009(8) ADJ 322 (DB) and if so, which of the views lays down the law correctly; and

2. Whether an officiating Principal appointed under Statute 10.20 of Purvanchal University, is entitled to claim payment of salary in the regular grade of the Principal or not.

Essentially, the issue is whether a teacher who is appointed to officiate as principal on the permanent post of a principal falling vacant in a college affiliated to a State University, is en











































































































































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