Allowed

Bappa Shri Narain Vocational Institute Lko. Thru. Secy. Sri D.N. Dubey and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko. and 4 Others

Allahabad HC3 Sept 2024WRIA/2876/2024

Case brief

AI extract

What is this about?

This court quashed orders and letters relating to the placement of a candidate as Principal of a college. Since the candidate disclaimed interest in the specific post, the court dismissed the petition without adjudicating the merits, granting liberty to place the candidate elsewhere.

What did the court decide?

Impugned orders and letters standing quashed with liberty to adjust/place opposite party no.5 in any other institution.

Bappa Shri Narain Vocational Institute Lko. Thru… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60479

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Court No. - 18

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Case :- WRIT - A No. - 2876 of 2024

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Petitioner :- Bappa Shri Narain Vocational Institute Lko. Thru. Secy. Sri D.N. Dubey And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Higher Education Lko. And 4 Others

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Counsel for Petitioner :- Lalta Prasad Misra,Prafulla Tiwari Counsel for Respondent :- C.S.C.,Sachin Upadhyay,Shivendra S Singh Rathore

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Hon'ble Manish Mathur,J.

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Heard Dr. L. P. Misra, learned counsel for petitioners, learned State Counsel for opposite parties 1 to 4 and Mr. H.G.S. Parihar, Senior Advocate, assisted by Mr. Sachin Upadhyay, learned counsel for opposite party no.5.

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Supplementary counter affidavit filed on behalf of opposite party no.5 is taken on record.

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Petition has been filed challenging order dated 12.01.2024 passed by State Government and recommendation dated 15.01.2024 whereby placement of opposite party no.5 as Principal of the College has been directed. Also under challenge is letter dated 04.03.2024 by the State Government; letter dated 04.03.2024 by the Director of Higher Education and letter dated 20.03.2024 passed by the Regional Higher Education Officer pertaining to same.

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In the supplementary affidavit filed today by opposite party no.5, it has been specifically stated in paragraph 4 thereof that he is no longer interested in being placed as Principal of the College concerned. He however submits that his right of placement/adjustment in any other College may be kept reserved.

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In view of aforesaid affidavit filed on behalf of opposite party no.5, there does not appear to be any occasion for

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adjudication on merits of the case particularly since opposite party no.5 is now disinclined to join on post of Principal of the College.

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In view thereof, impugned order dated 12.01.2024; recommendation dated 15.01.2024; letters dated 04.03.2024 by the State Government and by the Director of Higher Education respectively and letter dated 20.03.2024 by the Regional Higher Education Officer stand quashed by issuance of a writ in nature of Certiorari granting liberty to opposite parties to adjust/place opposite party no.5 in any other institution in accordance with law.

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The writ petition accordingly stands allowed .

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Order Date :- 3.9.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Bappa Shri Narain Vocational Institute Lko. Thru. Secy. Sri D.N. Dubey and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Bappa Shri Narain Vocational Institute Lko. Thru. Secy. Sri D.N. Dubey and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko. and 4 Others

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