Dismissed

Dr.Mayank Jain and 2 Others v. State of U.P. and 4 Others

Allahabad HC4 Jul 2023WRIA/10396/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking certification to quash an order staying selection proceedings for Assistant Professors at a minority institution and directed the institution to complete the selection process within one month based on the respondent's undertaking.

What did the court decide?

Selection proceedings directed to be commenced and concluded within one month; quashing of stay order deemed unnecessary.

Dr.Mayank Jain and 2 Others Vs State of… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:130824

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Court No. - 35

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Case :- WRIT - A No. - 10396 of 2023

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Petitioner :- Dr.Mayank Jain And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Prateek Rai

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Hon'ble Vikas Budhwar,J.

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Vakalatnama filed on behalf of Sri Nipun Singh, who appears for the respondent no.4, is kept on record.

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Heard Sri Adarsh Singh, learned counsel for the petitioners who are three in number, Sri Pradeep Kumar Shahi, learned Standing Counsel for the respondents 1 to 3 and Sri Sumit Suri holding brief of Sri Nipun Singh learned counsel for the respondent no.4.

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In view of the order which is being proposed to be passed today, notices are not being issued to the fifth respondent.

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The case of the writ petitioners as depicted in the writ petition is that the fourth respondent institution being the Digambar Jain College, Baraut, District Baghpat is a degree college and a minority institution. It has further been pleaded that in view of the minority status of the fourth respondent institution the provisions of U.P. Higher Education Service Commission Act, 1980 are not applicable.

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Pleadings reveal that an advertisement was published in two widely circulated papers "Amar Ujala" and "Hindustan" on 27.6.2018 and 30.6.2018 under the signatures of the Secretary of the fourth respondent institution inviting applications to fill up the existing vacancies on the sanction post of Assistant Professors.

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Petitioners claim to have applied for the post of Assistant Professor Commerce and Assistant Professor Political Science. As per the statutory guideline a panel of expert is to be nominated at the level of Educational Authorities however due to the advent of the pandemic relating to Covid-19 the selection proceeding could not be given a logical end. However off late on 10.5.2023 and 25.6.2023 as a date of interview was fixed, however according to the writ petitioners abruptly the selection proceedings were stayed

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by virtue of the order dated 17.5.2023.

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The grievance of the writ petitioner is that it was thoroughly impermissible and not it all required to forestall the selection procedure in the midway.

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The prayer in the present petition is that for a certiorari for quashing the order dated 17.5.2023 passed by the 4/5th respondents, Secretary/Principal, Digambar Jain College, Baraut, District Baghpat and an additional relief has been sought commanding the respondents no. 3, 4 and 5 to conclude the selection proceedings in that regard.

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Yesterday the matter was taken up as a fresh case and on that date Sri Sumit Suri holding brief of Sri Nipun Singh had made a statement at bar that the matter be posted for today as he has received instructions and he would be filing the Vakalatnama in this regard. On his request the matter has been posted today.

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Today, when the matter has been taken up Sri Sumit Suri holding brief of Sri Nipun Singh as per the instructions received by him has made a statement at bar that the selection proceedings will be commenced and will be concluded within a period of one month from today. He has also made a statement as per the instructions received by him that he does not propose to file any response to the writ petition and rather the writ petition being disposed of at this stage without seeking any response as he is armed with full and complete instructions.

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Sri Adarsh Singh, learned counsel for the writ petitioners has gracefully accepted the suggestion made by the learned counsel for the fourth respondent and according to him there is no need to call for any response and the writ petition be disposed of on the basis of the statement supported with the instructions in this regard.

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Learned Standing Counsel on the other hand submits that once the fourth respondent himself is agreeable to proceed with the selection then he has no say in the matter.

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Considering the submissions of rival parties as well as the stand taken by them, the writ petition is being disposed off, without seeking any response from the respondents while recording the undertaking given by Sri Sumit Suri holding brief of Sri Nipun Singh. Accordingly, it is directed that the selection proceedings be commenced and concluded within a period of one month from today. In so far the the challenge raised to the order dated

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17.5.2023 is concerned which keeps in abeyance the selection proceedings this Court in the back ground of the statement made by the Sri Sumit Suri holding brief of Sri Nipun Singh is not necessary to be quashed, however that the fourth respondent shall proceed with the selection and conclude the same within a period of one month from today.

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With the aforesaid observations, the writ petition is disposed off and consigned to record.

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Order Date :- 4.7.2023 piyush

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Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad

Dr.Mayank Jain and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Dr.Mayank Jain and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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