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2018 Supreme(All) 1510

A.P.SAHI, AJIT KUMAR
DEENA NATH YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Satendra Tirpathi for the Petitioners; C.S.C., Alok Mishra, Arti Raje, Arvind Kumar Tiwari, Arvind Kumar Tripathi, Bhupendra Nath Singh, H.N. Singh and Man Mohan Singh for the Respondents.

JUDGMENT

Hon’ble Ajit Kumar, J.—Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri Satendra Tripathi, Advocate for the petitioners, Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddharth Khare, Sri H.N. Singh, learned Senior Advocate assisted by Sri Arvind Tiwari, Advocate, Sri Tarun Agrawal, Advocate for their respective parties under Chapter XXII Rule 5-A of Allahabad High Court Rules, 1952 and Sri B.N. Singh and Sri S.K. Pandey, learned advocates for the respondent Nos. 4 and 5 and learned Standing Counsel for rest of the respondents.

2. By means of this writ petition under Article 226 of the Constitution of India, the petitioners, who are 26 in number, have questioned the amendment of Section 31-E of the U.P. Higher Education Service Commission Act, 1980 (for brevity ‘’Act, 1980') vide U.P. Act No. 38 of 2018. While claiming the amendment to be ultra vires to Sections 12 and 13 of Act, 1980 and to the Articles 14 and 16 of the Constitution of India, the petitioners allege that the vacancies that are sought to be filled in by way of absorption of the working lecturers appointed under the Government Order dated 7th April, 1998, those vacancies were initia









































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