LAWS(ALL)-2021-10-28

UTTAM CHAND RAWAT Vs. STATE OF U.P.

Decided On October 04, 2021
Uttam Chand Rawat Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Learned Single Judge has referred following questions to the Larger Bench finding conflicting judgments on the issue :

(2.) The questions have been referred after detailed consideration of the earlier judgments on the issue. The judgment in the case of M.K. Gandhi and others versus Director of Education (Secondary) U.P. and others, 2005 (3) ESC 2265 (Alld) (FB) affirmed by the Apex Court in the case of Committee of Management, Delhi Public School and another versus M.K. Gandhi and others, (2015) 17 SCC 353 has also been considered.

(3.) Learned Single Judge has given reference of the judgments of the Apex Court in the cases of Ramesh Ahluwalia versus State of Punjab and others, (2012) 12 SCC 331 and Lal Bahadur Gautam versus State of U.P. and others, (2019) 6 SCC 441. It also noticed that the issue of maintainability of the writ petition was considered by the Larger Bench in the case of Roychan Abraham versus State of U.P. and others, (2019) SCC OnLine All 3935. It was to revisit the view expressed by the Full Bench in the case of M.K. Gandhi (supra) and Division Bench in the case of Anjani Kumar Srivastava versus State of U.P. and others, 2017 (7) ADJ 112 (DB). The Full Bench in the case of Roychan Abraham (supra) answered the questions as under:-