(1.) The matter came to be referred to the Larger Bench by the learned Single Judge on being confronted with the judgment rendered by the Supreme Court in?Ramesh Ahluwalia Vs. State of Punjab and others 2012 (12) SCC 331?(Ramesh Ahluwalia case), wherein, the Court held that a private educational body performing public duty or discharging public function would be amenable to the jurisdiction of the High Court under Art. 226 of the Constitution of India, consequently, in the opinion of the referring Court, the Full Bench judgment of this Court in?M.K. Gandhi and others Vs. Director of Education (Secondary) U.P. and others 2006 (62) ALR 27?(M.K. Gandhi case) and Division Bench decision rendered in?Anjani Kumar Srivastava Vs. State of U.P. and others 2017 (7) ADJ 112 (DB)?(Anjani Kumar Srivastava case) needs to be revisited. Relevant portion of the referring order reads thus:
(2.) We have carefully gone through the pleadings of the writ petition with the assistance of learned counsel for the parties and the referring order. In our opinion the following questions require to be answered:
(3.) In the aforesaid backdrop, the learned Single Judge was of the opinion that M.K. Gandhi and Anjani Kumar Srivastava requires reconsideration. Art. 12 of the Constitution.