SUNIL HALI, A.P.SAHI, R.K.AGRAWAL, JJJ. - (1.) WE have heard Sri L.K. Trigunait in Writ Petition No. 16406 of 2011 for the petitioner, Sri Ashok Khare learned Senior Counsel for the petitioner in Writ Petition No. 27992 of 2011 and Sri P.S. Baghel learned Senior Counsel for the other side. Sri Zafar Naiyar learned Additional Advocate General has appeared for the State.
(2.) THE reference made by the learned Single Judge vide order dated 7th April, 2011 is to the following effect: - "(a) Whether a dependent can claim appointment against a post of teacher even after the post has been requisitioned to the selection Board in view of the Regulations 101 to 106 of Chapter III of the Regulations framed under the Intermediate Education Act merely because he has qualifications for the same, specifically when on the date of requisition, no such application for compassionate appointment was pending. (b) Whether Article 16 of the Constitution of India will be applicable to the teachers working in recognized Intermediate Colleges which are under the private management even if aided by the State Government. (c) Whether the judgment of the Division Bench of this Court in the case of Ved Prakash (Supra) lays down the correct law." While placing the matter before the Full Bench, Hon'ble the Chief Justice on 15th July, 2011 passed the following order: - "Matter be referred to the Full Bench presided over by a D.B. presided over by R.K. Agrawal,J. and A.P. Sahi,J. on questions (a) and (c) only. Sd/ Chief Justice 15/7/11"
(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.;