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However, Shri Patne points out that while deciding the writ petition i.e. W. P. No. 4842/16 (s) Dr. Suresh Chandra Jain (supra) and while dismissing the writ petition identical in nature, the Gwalior Bench on 29/03/16 in W. P. No. 5616/10 (s) has not taken note of the amendment to the College Code 28 which was brought into force by amendment in the year 2004 and inviting our attention to the following amendments made in the College Code ^^leUo; lfefr ds fu.kZ; fnukad 07-01-2004 esa ifjfu;e 28 dh dafMdk 26 esa fuEukuqlkj la'kks/ku fd;k x;k gS dh lwpuk xzg.k djus ij fopkj fd;k x;kA v'kkaldh; egkfo|ky;ksa ds izkpk;Z] f'k{kdksa vkSj deZpkfj;ksa dh lsokfuo`fRr vk;q 'kkldh; egkfo|ky;ksa ds izkpk;Z] f'k{kdksa vkSj deZpkfj;ksa ds leku j[kk tkuk mfpr gksxkA^^ Shri Patne argued that an error has been committed both by the Writ Court and the Writ Appellate Court. In the case of Dr. Arun Kumar (supra) while dismissing the earlier writ appeals, he submits that the import and implication of the College Code 28 has not been considered.

Shri Patne argues that while dismissing the writ petition, neither the Gwalior Bench in W. P. No. 5616/10 (s) nor in W. P. No. 4842/16 (s) and while dismissing the writ appeal in the case of Dr. Arun Kumar (supra), the question of effect of the statutory provision i.e. College Code 28 and the U. G. C. Regulation of 2010 were not taken note of.

That apart, it is pointed out to us that while dismissing the writ appeal in the case of Dr. Arun Kumar (supra), reliance was placed in the case of Jagdish Prasad Sharma & others Vs. State of Bihar & others (2013) 8 SCC 633 and it was held that this judgment will not apply. However, we observe that in the case of Dr. Arun Kumar (supra), the Bench did not take note of the statutory provision that was applicable namely the College Code and the U.G.C. regulation and, therefore, the writ appeal in the case of Dr. Arun Kumar (supra) was also dismissed without adverting to consider the relevant statutory provision.

We find that the contentions in this regard brought to our notice are correct. While dismissing the writ appeal in the case of Dr. Arun Kumar (supra) and while upholding the view taken by the Gwalior Bench in W. P. No. 5616/10 (s) which was followed by the Co-ordinate Writ Courts, the Bench did not take note of the statutory provision namely the College Code 28 and the U. G. C. Regulation 2010 and, therefore, it is a fit case where the question involved in these writ appeals in the backdrop of the regulation should be referred to a Larger Bench.

Even though, we are conscious of the fact that if the statutory provisions i.e. Statute 28 of the College Code and the U. G. C. Regulation is not considered and the writ appeal of Dr. Arun Kumar (Supra) is dismissed, it is not necessary to refer the matter to a Larger Bench but we find that in the case of Dr. Arun Kumar (supra), it has been held that the law laid down in the case of Jagdish Prasad Sharma (supra) will not apply. If the statutory provisions are found to be applicable in that case, then this finding by the Division Bench in the case of Dr. Arun Kumar (supra) that the law laid down in the case of Jagdish Prasad Sharma (supra) may not apply would not be a correct finding and that being the position, we deem it appropriate to request for placing of the matter before the Larger Bench for consideration.