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2017 Supreme(UK) 266

RAJIV SHARMA, SHARAD KUMAR SHARMA
Uttarakhand Samayojit TET Uttern Pra. Shikshak Sanagathan – Appellant
Versus
Lalit Kumar – Respondent


Advocates Appeared:
Mr. J.P. Joshi, Sr. Additional A.G. assisted by Mr. N.S. Kanyal, Brief Holder for the State Mr. Shobhit Saharia, Mr. Piyush Garg, Mr. M.C. Pant, Mr. Sandeep Tiwari, Mr. C.S. Joshi, Mr. Niranjan Bhatt and Mr. Yogesh Pacholia, Advocates for the private parties.
Mr. Anil Dabral, Advocate for the intervener

JUDGMENT :

Sharad Kumar Sharma, J.

1. The instant appeal has been preferred by the appellant questioning the veracity of the judgment dated 19.11.2016 passed by the learned Single Judge in W.P. No.1576/2016 “Lalit Kumar & others V/s State of Uttarakhand & others”, whereby the learned Single Judge had held that the amendment made in 2012 Rules by virtue of an amendment made in 2014 by incorporating Chapter 11 and Rule 32 were declared as ultra vires, as being unconstitutional and violative of Article 14, 16 and 21-A of the Constitution of India.

2. The appellants filed an application for leave to appeal (though not supported by an independent applicant) as well as the delay condonation application. Yet we considered application and looking to wider interest of justice, both are being allowed. The appeal was admitted by the order dated 19.7.2017, delay was condoned and thereafter the appeal became ripe for final hearing and are being heard finally.

3. The issue involved in the instant appeal is identical to the issue agitated by Special Appeal No.351/2016, Special Appeal No.353/2016 and Special Appeal No.378/2016. All these appeals since involving a common question of fact and law they a





















































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