PRASHANT KUMAR KATIYAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS reference has arisen out of a conflict having been noticed by a learned Single Judge between the division bench judgment in the case of Ved Prakash Vs. Hari Krishna Singh and others Special Appeal No. 30 of 2011 decided on 19th January, 2011 at Lucknow that has partly disapproved the ratio of the decision of a learned Single Judge in the case of Raja Ram Vs. State of U.P. and others decided on 30.11.2009 reported in 2009 (10) ADJ Pg. 585, and the decision delivered by another division bench at Allahabad in the case of U.P. Secondary Education Services Selection Board Allahabad Vs. State of U.P. & others Special Appeal No. 146 of 2010 decided on 21st January, 2011 that arose out of the Single Judge judgment in the case of Raja Ram (supra), and has upheld the same reported in 2011 (3) ADJ Pg. 340. The judgment in the case of Ved Prakash (supra) was rendered at Lucknow two days earlier to the judgment in the case of U.P. Secondary Education Services Selection Board Allahabad (supra) which was delivered on 21.1.2011 without noticing the judgment in the case of Ved Prakash (supra). These two simultaneous pronouncements within a short span in the peculiar circumstances noted above has given rise to this reference.

(2.) 2. The learned Single Judge after having noticed the abovementioned facts came to the conclusion that this conflict deserves to be resolved and accordingly framed three questions for being referred to a larger bench for an authoritative pronouncement under Chapter V Rule 6 of the Allahabad High Court Rules, 1952. Hon'ble the then Chief Justice was pleased to constitute the present Full Bench for resolving the said conflict on only two of the three questions framed by the learned Single Judge vide order dated 15th July, 2011.

(3.) ADVANCING his submissions, Sri Ashok Khare learned Senior Counsel pointed out that Question No. (c) refers to the correctness of the Division Bench decision in the case of Ved Prakash Vs. Hari Krishna Singh, Special Appeal No. (30) of 2011, decided on 19th January, 2011. The said decision in turn refers to the decision of a learned Single Judge in the case of Raja Ram Vs. State of U.P. & others reported in 2009 (10) ADJ 585, decided on 30th November, 2009.