GHULAM HAQQANI KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) I have had the advantage of reading my brother's opinion and I may, with respect, say that I am in general agreement with his opinion. I agree that this appeal must fail and that the parties should bear their own costs of the appeal.

(2.) Since the appeal raised some interesting questions for determination I thought it desirable to, very briefly, indicate' my own views on some of the questions falling for determination.

(3.) The facts and the important controversies arising on those facts have been fully set out in my learned, brothers' judgment and hence I content myself with dealing specifically with only two questions; first, whether the Board of High School and Intermediate Education which was established by the Intermediate Education, Act, 1921 (U. P. Act II of 1921) was a corporate body with all the privileges and liabilities of such a body, or whether the Board of High. School and Intermediate Education was merely a statutory body with no different existence from being a department of Government; and secondly, whether the appellant, even if he could be treated as an employee of a body which had been created under a statute necessarily, lost the character of a servant of the State Government when he, in fact, had been appointed by an officer who was invested, with powers under rules, made for guidance of officers of a Department of the State.