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2018 Supreme(All) 1005

DILIP B. BHOSALE, MANOJ KUMAR GUPTA, YASHWANT VARMA
AMAL KISHORE SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Siddharth Khare and Ashok Khare for the Appellant; C.S.C., J.P.S. Chauhan, Krishan Ji Khare, Raj Kumar Tripathi, Rajeev Mishra and Sanjeev Kumar Yadav for the Respondents.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—A discardent note was struck by a Division Bench while hearing the instant appeal, unable to agree with an earlier Division Bench in Vindhyachal Yadav v. State of U.P. and others, 2015(8) ADJ 688. Consequently, the following questions have been referred to the Full Bench :

“(i) Whether training qualification B.P.Ed. is equivalent qualification to that of B.Ed., L.T., B.T./C.T. Etc. so as to be covered by the phrase “equivalent qualification” of training degree/diploma as contained by Clause-2 of Appendix-A of Chapter-II of the Regulations framed under the Intermediate Education Act, 1921?

(ii) Whether a teacher possessed of a degree of Post Graduate and training qualification of B.P.Ed. from an institute duly recognized by National Council for Teachers Education is qualified for being considered for appointment as Principal/Headmaster of a recognized High School/Intermediate institution?

(iii) Whether the law laid down by the Division Bench in the case of Vindhyachal Yadav (Supra) is the correct law or not.”

2. The Division Bench in Vindh









































































































































































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