Dismissed

Dr. Durvesh Chaudhary v. Union of India, through Ministry of Health and Welfare, New Delhi and 4 Others

Allahabad HC11 Jun 2018WRIA/13501/2018

Case brief

AI extract

What is this about?

Court dismissed the writ petition challenging termination of a contractual appointment by a private self-financed institution, ruling it outside Article 226 jurisdiction. Petitioner advised to make a representation to the Vice Chancellor.

What did the court decide?

Writ petition dismissed; petitioner directed to make a representation to the Vice Chancellor of the University concerned.

Dr. Durvesh Chaudhary Vs Union of India, through… — Service and Employment | Allahabad HC (2018)

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Court No. - 36

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Case :- WRIT - A No. - 13501 of 2018

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Petitioner :- Dr. Durvesh Chaudhary Respondent :- Union Of India, Through Ministry Of Health And Welfare, New Delhi And 4 Others Counsel for Petitioner :- Chandra Bhan Dubey,Ram Sajiwan Mishra,Umesh Kumar Counsel for Respondent :- A.S.G.I.

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.

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In Re: Impleadment application no. Nil of 2018

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Impleadment application filed today is taken on record.

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Sri Subham Agarwal, Advocate holding brief of Sri Avanish Tripathi, learned counsel for the proposed respondent is present and he has no objection to the impleadment application.

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Impleadment application is allowed.

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Let necessary impleadment be incorporated within three days.

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Order Date :- 11.6.2018 Sanjeev

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Court No. - 36

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Case :- WRIT - A No. - 13501 of 2018

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.

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Present writ petition is directed against the orders dated 17.5.2018 and 29.5.2018 issued by respondent no. 3 terminating the contractual appointment of the petitioner to post of B.D.S. Tutor.

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As per terms and condition of the appointment letter dated 09th April, 2013, services of the petitioner can be terminated after giving three months' notice in writing or salary in lieu thereof.

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The orders impugned are issued by the authorities of a private college which is though affiliated to Chaudhary Charan Singh University, is a self- financed institution and the State Government has no control over the finances of the institution concerned as the payment of salary to the petitioner is arranged by the institution from its own resources.

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Challenge to the termination of contractual appointment of the petitioner by private institution cannot be entertained under Article 226 of the Constitution of India.

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However, it is open for the petitioner to make a representation to the Vice Chancellor of the University concerned raising his grievances who may consider and dispose of the same by passing a reasoned and speaking order in accordance with law.

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In view of the aforesaid, the writ petition is disposed of.

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Order Date :- 11.6.2018 Sanjeev

Dr. Durvesh Chaudhary v. Union of India, through Ministry of Health and Welfare, New Delhi and 4 Others

Case brief

What is this about?

What did the court decide?

Dr. Durvesh Chaudhary v. Union of India, through Ministry of Health and Welfare, New Delhi and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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