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2023 Supreme(All) 16

SURYA PRAKASH KESARWANI, RAJENDRA KUMAR IV
Bal Krishana – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Satyaveer Singh, Arun Kumar Yadav, Ravindra Kumar Patel, Saquib Mukhtar, Satyaveer Singh, Shri Krishna Mishra, Thakur Prasad Dubey, Yawar Mukhtar
For the Respondent: Abhinava Krishna Srivastava, Anand Kr Srivastava, Arun Kumar Yadav, Avneesh Tripathi, Bharat Pratap Singh, M.N. Singh, Tarun Agarwal

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri T.P. Singh, learned Senior Advocate, assisted by Sri Satyaveer Singh, Sri Radha Kant Ojha, learned Senior Advocate assisted by Sri Lalit Kumar Pandey, and Sri Ramesh Chandra Tiwari, learned counsels for the petitioners, Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Shashank Shekhar Singh, learned Additional Chief Standing Counsel for the State-respondents and Sri Avaneesh Tripathi, learned counsel for the respondent no. 3 (U.P. Public Service Commission, Allahabad).

2. With the consent of learned counsels for the parties WRIT -A No. 9739 of 2018 is treated as the leading writ petition and facts thereof are being noted.

3. The reliefs sought in the leading writ petition is as under :

    “A. Issue a writ order or direction in the nature of mandamus declaring the impugned rules 8(6) of U.P. Sub-ordinate Educational (Trained Graduate Grade) services (4th Amendment) rules 2016 to be ultra virus to article 40 of the Constitution of India to an extent that it does prescribed as one of the qualification of having pa

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