ALLAHABAD HIGH COURT
VINEET SARAN, J
Not specified – Appellant
Versus
State of U.P. and others – Respondent
| Table of Content |
|---|
| 1. reference of questions to larger bench (Para 1 , 2) |
| 2. claims of petitioners regarding appointment (Para 3 , 4 , 5) |
| 3. government's decision and right to education act (Para 6 , 7) |
| 4. nature of shiksha mitra appointment (Para 10 , 12 , 44) |
| 5. arguments against the petitioners' claims (Para 19 , 20 , 21) |
| 6. state's duty regarding education (Para 22 , 25 , 26) |
| 7. conclusion on the rights of the petitioners (Para 66 , 67 , 68) |
1. Finding two conflicting decisions given by two division benches of this Court, a learned Single Judge, by the order dated 25th of May, 2012 has referred the following two questions of law for consideration to a larger bench. That is how the matter has come up before us on the nomination made by Hon'ble the Chief Justice. Following two questions have been referred:
(A) Whether mere selection on a date prior to 02.06.2010 will confer a right upon the incumbent to claim appointment and for being sent for training as Shiksha Mitra even after the State Government has imposed a ban on such appointment on 02.06.2010 and the scheme of Shiksha Mitra itself has been dropped by the State Government.
(B) Whether the law laid down by the Division Bench in the
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