Disposed¶18

Dr. Swarna v. State of Up and 6 Others

Allahabad HC18 Nov 2025WRIA/17316/2025

Case brief

AI extract

What is this about?

Allahabad High Court, WRIT - A No. 17316 of 2025, decided November 18, 2025, bench of Ajit Kumar and Swarupama Chaturvedi, JJ. Dr. Swarna v. State of U.P. and others. Chancellor's orders dated 10.05.2025 and 10.10.2025 (review rejected); inter-se seniority dispute; Executive Council directed to decide afresh on merits ignoring Chancellor's observations; Vice Chancellor's earlier order conceded to be cryptic; petition disposed of with directions.

What did the court decide?

Petition disposed of with a direction to the Executive Council to decide the seniority dispute between the petitioner and respondent no. 7 purely on merits, uninfluenced by any observations made by the Chancellor in its orders dated 10.05.2025 and 10.10.2025; consistent with respondent no. 7 having no objection to such observations bearing no weight. ¶18

Dr. Swarna vs State of Up and 6 Others — Writ and Judicial Review | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - A No. - 17316 of 2025

Dr. Swarna

.....Petitioner(s)

Versus

State Of Up And 6 Others

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.....Respondent(s) Counsel for Petitioner(s) : Siddharth Khare, Sr. Advocate Counsel for Respondent(s) : Arvind Singh, C.S.C., Utkarsh Khanna

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Court No. - 4

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HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J.

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Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddharth Khare, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1, Sri Arvind Singh, learned counsel for respondent no. 2, Sri Avnish Tripathi, learned counsel for respondent nos. 3 & 4 and Sri Utkarsh Khanna, learned counsel for respondent no. 7.

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By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order of Chancellor dated 10.05.2025 and also the order passed by the Chancellor rejecting the review petition of the petitioner dated 10.10.2025.

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The basic argument advanced by learned counsel for the petitioner is that the Chancellor was not justified in making observations on merits qua inter-se seniority dispute between the parties once she was remitting the matter before the Executive Council to re-examine the issue and decide the same on merits.

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Mr. Khare, learned Senior Advocate though concedes that the order passed by the Vice Chancellor being a cryptic one could not have been sustained but there was no occasion for the Chancellor, according to him, to have made observations on the merits of the seniority dispute while remitting the matter for decision afresh.

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Per contra , learned counsel for respondent no. 7 though sought to defend the order to have no objection in the event observations made by the Chancellor

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WRIA No. 17316 of 2025

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in his order impugned herein this petition as well as rejecting the review petition are directed to be having no bearing upon the merit of inter-se seniority dispute between the parties while it being examined by the Executive Council for a decision afresh.

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In view of the above, we dispose of this petition with a direction to the Executive Council that while dealing with the seniority dispute between the petitioner and respondent no. 7 it will proceed on merits of the claim set up by the respective parties before it and will certainly be not getting influenced in any manner by any of the observations made by the Chancellor in its order dated 10.05.2025 and 10.10.2025.

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(Swarupama Chaturvedi,J.) (Ajit Kumar,J.)

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November 18, 2025 IrfanUddin

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Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad

Dr. Swarna v. State of Up and 6 Others

Case brief

What is this about?

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Dr. Swarna v. State of Up and 6 Others

Case brief

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