Dismissed

Himanshu Shekhar Mishra v. State of Up and 4 Others

Allahabad HC14 Aug 2024WRIA/12040/2024

Case brief

AI extract

What is this about?

Petitioner challenged a communication calling a Selection Committee meeting. The Court held that calling such a meeting did not amount to illegality while the statutory timeline for a reasoned appointment order was pending, dismissing the writ petition.

What did the court decide?

The writ petition was dismissed holding the communication calling the meeting to be in order as the Vice Chancellor had not yet taken a final decision.

Himanshu Shekhar Mishra vs State of Up and 4 Others — Education and Admissions | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132367

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Court No. - 9

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Case :- WRIT - A No. - 12040 of 2024

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Petitioner :- Himanshu Shekhar Mishra Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi,Dheeraj Kumar Pandey Counsel for Respondent :- C.S.C.,Shesh Kumar Srivastava

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Agnihotri Kumar Tripathi, learned counsel for the petitioner, Sri Pradeepta Kumar Shahi, learned Additional Chief Standing Counsel representing respondent no. 1 and Sri Deo Kaushik, learned Advocate holding brief of Sri Shesh Kumar Srivastava, learned counsel appearing on behalf of the respondent nos. 2 and 3.

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By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged validity of a communication dated 31.07.2024, sent by the Registrar Sampurnanad Sanskrit University, Varanasi to Manager Adrash Shri Shiv Prasad Sanskrit Mahavidyalay, Daramlaganj, Mirzapur to Members of Selection Committee informing that the Vice Chancellor of the University has called a meeting with the members of the Selection Committee to seek clarification as the Vice Chancellor has been directed by means of an order dated 24.07.2024, passed by this Court in Writ-A No. 9462 of 2024, to pass a reasoned order regarding the recommendation for selection of the petitioner made by the Selection Committee.

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The learned counsel for the petitioner has submitted that the Vice Chancellor has no authority to call a meeting of the Members of the Selection Committee. He has submitted that the Statute 11.24 of the first statutes of Sampurnanand Sanskri University provides that the appointments of teachers of affiliated colleges will be made by the Committee of Management after written approval of the Vice Chancellor. The Vice Chancellor may call for the applications and other

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documents, and in case the candidate is not suitable for appointment, he shall remit the matter to the Managing Committee for reconsideration.

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On the basis of the aforesaid provisions in the first statutes of the University, the submission of learned counsel for the petitioner is that the communication dated 31.07.2024, calling a meeting of the members of the Selection Committee with the Vice Chancellor, is without any authority.

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The mere fact that Statute 11.24 authorizes the Vice Chancellor to call for records in the matter of selection would not create a bar against him calling a meeting with the members of the Selection Committee when Vice Chancellor has been required by this Court to pass a reasoned order regarding appointment of the petitioner in furtherance of the recommendation of the Selection Committee. The Vice Chancellor is yet to take a final decision as the time of one month granted by this Court in the order dated 24.07.2024, is yet to expire.

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Learned counsel appearing for the respondent nos. 2 and 3 states that the meeting is fixed for 17.08.2024, as is evident by the impugned order.

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This Court is of the view that Vice Chancellor has not committed any illegality in calling a meeting with the members of the Selection Committee.

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The writ petition lacks merit and the same is hereby dismissed .

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[Subhash Vidyarthi,J.]

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Order Date :- 14.8.2024 Ruhi H.

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Himanshu Shekhar Mishra v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Himanshu Shekhar Mishra v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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