BHUVENSHWAR NATH TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Seth, J, By means of this writ petition, vires of Section 7-AA of the U. P. Intermediate Education Act as Intro duced through U. P. Act No. 18 of 1987 is being challenged. The learned Counsel as sails the validity of the said Section on the ground that it is ultra vires to Article 39 of the Constitution of India inasmuch as it is violative of the principle of equal pay for equal work. He next contends that by reason of introduction of this Section, an unreasonable classification has been sought to be made depriving a group of appointed teachers under Section 7-AA who could not be included within the ambit of U. P. High Schools and Intermediate Colleges (Payment of Salary of Teachers and other Employees) Act, 1971 (U. P. Act No. 24 of 1971 ). The classifica tion has made discrimination between the same kind of people in the matter of pay ment of emoluments and other service benefit and had undertaken an exploita tion of educated employed youths.

(2.) THE contention of the learned Counsel for the petitioner, as mentioned above, does not appear to be sound. Inas much as by reason of Section 7-AA, neither any classification has been made nor any discrimination has been at tempted to.

(3.) IN order to appreciate the situa tion, it is necessary to refer to Section 7 (4) which provides: "7. Power of the Board - Subject to the provisions of this Act, the Board shall have the following powers, namely: (1 ). . . . . . . . . . . . . . (1a ). . . . . . . . . . . . . (2 ). (3 ). (4) To recognize institutions for the purpoes of its examinations. "