STATE OF U.P. Vs. PAWAN KUMAR DIVEDI

JUDGEMENT

(1.) The common question for consideration in this group of seven appeals is whether teachers of privately managed primary schools and primary sections of privately managed high schools are eligible to receive their salaries from the State Government

(2.) These appeals were first listed before the two-Judge Bench. While noticing the provisions of Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (for short 'the 1971 Act'), Uttar Pradesh Basic Education Act, 1972 (for short 'the 1972 Act'), Uttar Pradesh Recognised Basic Schools (Recruitment and Conditions of Service of Teachers and Other Conditions) Rules, 1975 (for short 'the 1975 Rules'), Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 (for short 'the 1978 Act'), Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (for short 'the 1978 Rules'), the two-Judge Bench felt that a three-Judge Bench decision of this Court in Vinod Sharma and others v. Director of Education (Basic) U.P. and others, 1998 3 SCC 404] STATE OF UTTAR PRADESH v. PAWAN KUMAR DIVEDI, 2006 7 SCC 745 required reconsideration.

(3.) The relevant portion of the reference order dated 08.09.2006 reads as follows: