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2022 Supreme(All) 284

SUNITA AGARWAL, SADHNA RANI THAKUR
Adarsh Gramin Vidyalaya Sonakpur, Harthala – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:Arun Kumar Rana, Ashok Khare Sr. Advocate, Sujeet Kumar.
For the Respondent: C.S.C., Seemant Singh.

JUDGMENT :

1. Heard Sri Ashok Khare learned Senior Counsel assisted by Sri Sujeet Kumar and Sri Arun Kumar Rana, Sri Samir Sharma learned Senior Counsel, Sri Girjesh Tiwari, Sri Yogesh Kumar Saxena, Ms. Chhaya Gupta, Sri K. Shahi, Sri Anand Tripathi for the petitioners and all other counsels appearing in the connected writ petitions. Learned Advocate General assisted by Ms. Archana Singh, learned Additional Chief Standing Counsel for the State-respondents.

2. The main relief sought in the petitions in this batch is:-

    "Issue a writ, order or direction declaring the U.P. Basic Education (Amendment) Act' 2017 (U.P. Act No.2 of 2018) and the U.P. Junior High School (Payment of Salaries of Teachers and other Employees) (Amendment) Act 2017 (U.P. Act No.3 of 2018) as ultra vires to the Constitution".

I. Introduction:-

3. In the State of U.P., the education upto class XII is governed by two Acts mainly, (i) The U.P. Intermediate Education Act' 1921; (ii) The U.P. Basic Education Act' 1972. The institutions which are engaged in imparting elementary education, secondary and higher secondary education in the State can be categorized as under:-

    (a) A school established, owned or control-led by th


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