Dismissed

Dr. Ram Sagar Dubey v. Amity University and 2 Others

Allahabad HC22 Nov 2022WRIA/11900/2020

Case brief

AI extract

What is this about?

The court dismissed a writ petition challenging the petitioner's dismissal from a private university. The judge held the petition was not maintainable due to lack of evidence linking the university to State funds or proportioning State authority to a private entity formed under a separate enactment.

What did the court decide?

Writ petition dismissed; remedy left open under common law.

Dr. Ram Sagar Dubey Vs Amity University and 2 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 11900 of 2020

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Petitioner :- Dr. Ram Sagar Dubey Respondent :- Amity University And 2 Others Counsel for Petitioner :- Vinay Kumar Chaturvedi Counsel for Respondent :- Rahul Chaudhary

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Vinay Kumar Chaturvedi, learned Counsel for the petitioner and Sri Rahul Chaudhary, learned Counsel for the respondent/private University and learned Standing Counsel for the State-respondents.

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Challenge has been raised to the communication dated 06.07.2020 issued by the respondent/private University to discharge and relieve the petitioner from the post of Lecturer in Applied Sciences at the respondent/private University.

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At the outset, preliminary objection has been raised as to the maintainability of the present writ petition. Reliance has been placed on the decision of the Supreme Court in Trigun Chand Thakur v. State of Bihar & Ors.; reported in (2019) 7 SCC 513 , decision of a Division Bench of this Court in Anupam Andrew Maxton v. Chairman Amity University U.P. Lucknow & Ors.; decided on 22.01.2016 and another decision of learned Single Judge of this Court in Ram Niwas Sharma v. Union of India & Ors.; reported in (2020) ILR 6AII926.

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Having heard the learned Counsel for the parties and having perused the record, there is no denying the fact, the respondentAmity University is a private University. There is no foundation laid in the petition to establish that any salary payment has been made from fund of the State Government. The University is being run on its own fund. Merely, because it has been formed under a separate enactment, may never be enough to allow the present petition to be entertained.

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In case, in any view of the unequivocal position of law noted above, the present petition is found not maintainable.

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It is accordingly, dismissed leaving it open to the petitioner to avail his remedy under common law.

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Order Date :- 22.11.2022 SA

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Digitally signed by SALMAN ALI Date: 2022.11.23 10:10:06 IST Reason: Location: High Court of Judicature at Allahabad

Dr. Ram Sagar Dubey v. Amity University and 2 Others

Case brief

What is this about?

What did the court decide?

Dr. Ram Sagar Dubey v. Amity University and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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