Prof. Alka Rani Agarwal vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:46359

Court No. - 7

Case :- WRIT - A No. - 3552 of 2025

Petitioner :- Prof. Alka Rani Agarwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samarath Singh,Sheo Karan Singh Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta,Rohit Pandey

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the petitioner, Sri Ashok Khare, learned Senior Counsel for respondent no.4, Sri Abhishek Mishra, Advocate holding brief of Sri Rohit Pandey, learned counsel for respondent no.2 and learned Standing Counsel for the Staterespondents.

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The present writ petition is filed by the petitioner praying for following reliefs:-

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"i. to issue a writ, order or direction in the nature of certiorari quashing the impugned resolution no.4 of the management passed in its meeting dated 19.1.2025 (Annexure-1 to the writ petition).

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ii. to issue a writ, order or direction in the nature of mandamus commanding the respondents to extend the benefit of extraordinary leave for teaching in favour of the petitioner, as provided to her already in the previous meeting of the management dated 6.11.2023 from 25.10.2023 to 24.10.2026, so that justice be done."

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It is submitted by learned counsel for the petitioner that the petitioner was initially working as Lecturer in the respondentinstitution and has proceeded on Earned Leave for three years, which was sanctioned on 6.11.2023. However, subsequently by the impugned order, the aforesaid leave has been restricted upto 24.4.2025. The Earned Leave is a right of an employee and once the leave has been granted, then an opportunity of hearing ought to have been given by the management to hear the petitioner if the leave is restricted. The impugned order is adversely affect the petitioner.

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Sri Ashok Khare, learned Senior Counsel for the respondent no.4 submits that initially the petitioner was appointed on the post of Lecturer in the institution. However, subsequently she was

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selected by the Commission on the post of Principal in the same institution and she has joined on the post of Principal. However, she proceeded on Earned Leave while she was holding the post of Lecturer. Therefore, when the leave was in continuance and petitioner joined the post of Principal. Now petitioner is claiming Earned Leave on two posts, which is not permissible under law.

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Learned Senior Counsel submits that interest of the students are being affected as a Lecturer duly selected by the Commission has already been appointed against the post of petitioner. He further submits that since the petitioner has already joined on the post of Principal as a duly selected candidate, then her Earned Leave on the post of Lecturer could not have been continued. The petitioner could either apply for fresh leave as a Principal of institution.

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At this stage, learned counsel for the petitioner submits that the petitioner may be permitted to apply before the respondentinstitution for Earned Leave or extraordinary leave as a Principal of the institution.

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Learned Senior Counsel submits that he would have no objection in case any such application is filed by the petitioner, then the application would be considered by the employer in accordance with law.

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In view of the aforesaid, this writ petition is disposed of with liberty to the petitioner to apply for fresh leave as a Principal of the institution. In case any such application is filed, the same shall be considered by the respondent-institution in accordance with law.

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Order Date :- 3.4.2025 Bhaskar

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Digitally signed by :- BHASKAR High Court of Judicature at Allahabad

Prof. Alka Rani Agarwal v. State of U.P. and 3 Others

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Prof. Alka Rani Agarwal v. State of U.P. and 3 Others

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