The reference

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The present reference before the Division Bench has arisen from a referring order dated 3 February 2014 of a learned Single Judge. Noticing a conflict between two judgments of the learned Single Judges of this Court, while construing the provisions of the Uttar Pradesh Intermediate Education Act, 1921 (Act of 1921) and the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (Act of 1982), the learned Single Judge referred the difference of opinion that has arisen for being resolved by a Division Bench. The two judgments of the learned Single Judges in which the difference of opinion has arisen are:

(i) Sanjay Singh v. State of Uttar Pradesh and others, (2013) 1 UPLBEC 758; and

(ii) Pradeep Kumar v. State of Uttar Pradesh and others, Writ-A No. 22520 of 2013 (decided on 1 May, 2013)

Facts

2. Briefly stated, the facts in the referring judgment are that Lokmanya Tilak Inter College, Pratapgarh is a non-Government recognized and aided institution governed by the provisions of the Act of 1921 and the Act of 1982. The College is on the grant-in-aid list of the State Government and salaries are paid un