C/M Shri Mayanand Sanskrit Mahavidyalaya and Another Vs State of U.P. and 3 Others

Court No. - 36

Case :- WRIT - A No. - 10362 of 2022

Petitioner :- C/M Shri Mayanand Sanskrit Mahavidyalaya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tanuj Shahi,Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Avneesh Tripathi

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

Heard Sri K. Shahi learned counsel for the petitioner, Sri Shikhar Tandon learned counsel holding brief of Sri Avneesh Tripathi learned counsel for the University and the learned Standing Counsel for the State respondents.

¶6

Challenge has been raised to the order dated 02.5.2022 passed by the Vice Chancellor whereby selection made by the petitioner-Committee of Management on the post of Teacher (Hindi) as was forwarded by communication dated 28.6.2018, has been rejected.

¶7

Submission of learned counsel for the petitioner is, said action of the Vice Chancellor is wholly without jurisdiction. Reliance has been placed on a recent decision of this Court in Writ-A No. 7305 of 2022 (Ram Dev Bharadwaj Vs. State of U.P. And Others) dated 05.8.2022.

¶8

On consideration of facts and circumstances and the operating law, it has been reasoned (in that order) that the Vice Chancellor would at most have made a recommendation to the Executive Council with his dissenting note. However, he could not have himself usurped the power and rejected the appointment. On the essential facts, matter is found covered by the earlier decision of the Court in Ram Dev Bharadwaj (supra).

¶9

Accordingly, present writ petition is allowed on the same terms as in Ram Dev Bharadwaj (supra).

¶10

Order Date :- 29.11.2022 Faraz

¶11

Digitally signed by FARAZ AHMAD Date: 2022.11.30 10:11:17 IST Reason: Location: High Court of Judicature at Allahabad

C/M Shri Mayanand Sanskrit Mahavidyalaya and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

C/M Shri Mayanand Sanskrit Mahavidyalaya and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Rajnish Kumar Pandey Vs Union of India and 4 Others

Daya Rani Sharma Vs State of U.P. and 4 Others

Om Prakash Vs State of U.P. and 3 Others

Ashok Kumar Vs State of U.P. and 2 Others

Arvind Kumar Gupta Vs State of U.P. and 2 Others

Devendra Kumar Sharma Vs State of U P and 4 Others