LAWS(ALL)-2019-11-405

MADHUWARI PRASAD SHUKLA Vs. ARADHANA SHUKLA

Decided On November 22, 2019
Madhuwari Prasad Shukla Appellant
V/S
Aradhana Shukla Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicants.

(2.) Writ Petitions in Group A insofar as they relate to primary sections attached to recognised and aided high schools or intermediate colleges covered by the provisions of the 1971 Act cannot be denied the protection of that statute. The petitions in this group falling under the aforesaid class shall stand allowed. The State is consequently directed to bring teachers falling in this class within the ambit of the 1971 Act subject to the requisite exercise being undertaken to assess that they satisfy the test of composite integrality.

(3.) Writ Petitions in Group A relating to primary sections attached to junior high schools are not covered under the provisions of the 1978 Act. No relief can be granted to them in light of the 2017 Amendments. The petitions preferred at their instance shall stand disposed of subject to liberty being reserved to challenge the 2017 Amendments as introduced in the 1972 and 1978 Acts, if so chosen and advised.