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1985 Supreme(All) 434

M.N.SHUKLA, J.N.DUBEY, B.D.AGARWAL
Raghunandan Prasad Bhatnagar – Appellant
Versus
Administrator, Committee Of Management, Gandhi Vidyalaya Intermedinate College – Respondent


Advocates Appeared:
For the Appellant : A.K. Sharma, S.S. Bhatnagar, A.P. Singh, A.K. Yog and S.C. Budhwar.
For the Respondent: A.K. Yog, P.K. Jain, A.K. Sharma, S.C. Budhwar, B.D. Mandhyan, B.D. Agarwala and A.N. Singh.

JUDGMENT :

B.D. Agarwal, J.

Doubt being raised as to correctness of the views expressed by the respective Division Bench in Ratanpal Singh v. Deputy Director of Education VI Region U.P. Lucknow. 1982 Education Cases 258 and Committee of Management National Inter College Adali Indra, District Azamgarh v. The District Inspector of Schools, Azamgarh 1883 UP LB EC 198 there is this reference made to larger Bench. The reference was made by a Division Bench under its order dated August 18, 1933, passed in Writ Petition No. 10301 of 1983, Raghunandan Pd. Bhatnagar v. Administrator, Gandhi Viuyalaya Intermediate College, Khekra, District Meerut. The other writ petitions giving rise to common issue are linked with it.

2. Facts relevant for purposes of the reference lie within a narrow compass-the central point for decision being whether despite the enforcement of the U.P. Secondary Education Services Commission and Selection Boards Act, 1982 (U.P. Act 5 of 1982) and the rules framed thereunder, the provisions contained in Section 16-G(2)(o) of the U.P. Intermediate Education Act, 1921 and Regulations 55 to 62 of Chapter III framed thereunder continue to be operative and effective.

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