The High Court allowed a writ petition against the termination of a teacher in an affiliated college where the Grievance Redressal Committee failed to obtain prior university approval under Rule 6.18-A before termination.
Order dated 1.7.2020 quashed; Respondent No.4 to pass fresh order within one month complying with Rule 6.18-A.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 32
Case :- WRIT - A No. - 2638 of 2022
Petitioner :- Ved Prakash Respondent :- State Of U P And 4 Others Counsel for Petitioner :- K.S. Ojha Counsel for Respondent :- C.S.C.,Ajal Krishna,Rohit Pandey
Hon'ble Siddharth,J.
Heard learned counsel for the petitioner and Sri Rohit Pandey, learned counsel for the University.
Petitioner has approached this court praying for quashing of the order dated 1.10.2021, passed by the respondent no.4, President, Grievance Redressal Committee/Cell , APJ Abdul Kalam Technical University, U.P. and also the termination order dated 1.7.2020 passed by respondent no.2, Director, Raj Kumar Institute of Technology, 5th K.M. Stone(Opp. Jain Tube Company Ltd.) Delhi, Meerut Road, Ghaziabad.
Learned counsel for the petitioner has submitted that petitioner was appointed on the post of Assistant Professor in the department of Mechanical Engineering in the college of the respondent no.2 and his services were terminated by order dated 1.7.2000 without compliance of Clause 6.18-A of the Rules 2010 framed by Dr. APL, Abdul Kalam Technical University.The dispute is regarding the services of the teachers of afÏliated college.
Under Rule 6.18-A of the aforesaid it is clearly provided that the prior approval shall be taken from the University by the afÏliated colleges before dismissing or relieving any teacher from the institution.
Learned counsel for the petitioner has submitted that no prior approval was taken before terminating the services of the petitioner. He made a representation against the same and representation has been rejected by order dated 1.7.2022 without recording any finding in this regard.
Perusal of the aforesaid order shows that no
finding has been recorded by the respondent no.4, in this regard therefore order dated 1.7.2020 is clearly a violation of Rule 6.18-A and it is accordingly quashed.
The respondent no.4, President, Grievance Redressal Committee/Cell , APJ Abdul Kalam Technical University, U.P. shall pass fresh order keeping in view of the Rule 6.18-A of the aforesaid Rules within a period of one month.
The petition is allowed.
Order Date :- 7.4.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.04.07 15:58:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the termination order against a teacher in an affiliated college was valid without prior university approval as per Rule 6.18-A.
1 provisions across 1 enactments
Ved Prakash
State Of U P
President, Grievance Redressal Committee/Cell , APJ Abdul Kalam Technical University, U.P.
Director, Raj Kumar Institute of Technology
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
