Amar Nath Yadav vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Amar Nath Yadav vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of on an innocuous prayer without entering into merits: petitioner directed to file a detailed representation with the certified copy of the order before respondent no.4 (Principal, Motilal Nehru Medical College, Prayagraj) within 10 days; respondent no.4 to consider and decide it in accordance with law after giving the petitioner an opportunity of hearing, expeditiously, preferably within six weeks thereafter. The prayers for quashing the orders dated 30.05.2025 and 31.05.2025 and for reinstatement with monthly salary were not decided or granted at this stage.

Issue for consideration

Whether a writ of Certiorari should issue to quash the impugned order dated 30.05.2025 passed by respondent no.2 and the impugned order dated 31.05.2025 passed by respondent no.4. +1 more

Ratio / Principle

Without entering into the merits of the case, the court allowed the innocuous prayer of the petitioner's counsel, as the State-respondents (through the Additional Advocate General) raised no objection.

Key takeaways

The petitioner was directed to file a detailed representation along with the certified copy of the order before respondent no.4, Principal, Motilal Nehru Medical College, Prayagraj, within 10 days.ratio¶¶14
If such a representation is filed, respondent no.4 shall consider and decide it in accordance with law, after giving the petitioner an opportunity of hearing, expeditiously, preferably within a period of six weeks thereafter.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 32), single Judge — Hon'ble Chandra Dhari Singh, J. WRIT - A No. 8454 of 2025 (neutral citation 2025:AHC:116291), order dated 17.7.2025. Petitioner Amar Nath Yadav sought (i) Certiorari to quash an order dated 30.05.2025 passed by respondent no.2 and an order dated 31.05.2025 passed by respondent no.4, and (ii) Mandamus for forthwith reinstatement, permission to work, and payment of salary month by month. Learned counsel for the petitioner, without entering into merits, made an innocuous prayer to be permitted to file a representation before respondent no.4 with a time-bound decision; Sri Anoop Trivedi, learned Additional Advocate General, assisted by Sri Jitendra Singh, learned Standing Counsel, opposed the petition but had no objection to that prayer. Without entering into the merits, the court allowed the innocuous prayer: the petitioner was directed to file a detailed representation with the certified copy of the order before respondent no.4, Principal, Motilal Nehru Medical College, Prayagraj, within 10 days, and respondent no.4 was to consider and decide it in accordance with law after giving the petitioner an opportunity of hearing, expeditiously, preferably within six weeks thereafter. The writ petition was disposed of with these directions/observations.

Neutral Citation No. - 2025:AHC:116291

Court No. - 32

Case :- WRIT - A No. - 8454 of 2025

Petitioner :- Amar Nath Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Ram Prasad Yadav Counsel for Respondent :- C.S.C.

Hon'ble Chandra Dhari Singh,J.

The instant writ petition has been filed seeking the following main prayers:-

"i. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 30.05.2025 passed by the respondent no.2 (annexure no. 1 to the writ petition).

ii. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 31.05.2025 passed by the respondent no.4 (annexure no.2 to the writ petition).

iii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith reinstate the petitioner and to permit him to work and also to pay him salary month by month, as and when same falls due, strictly in accordance with law."

Learned counsel appearing on behalf of petitioners without entering into merits of the case, made an innocuous prayer that he may be permitted to file a representation before respondent no.4 and a direction may be issued to him to decide the same in time bound manner.

Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Jitendra Singh, learned Standing Counsel appearing on behalf of State-respondents vehemently opposed the petition but has no objection on prayer as made by learned counsel for the petitioner.

Heard learned counsel appearing on behalf of the petitioner, Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Jitendra Singh, learned Standing Counsel appearing on behalf of State-respondents and perused the contents made in the writ petition.

Without entering into merits of the case, I am inclined to allow

the innocuous prayer made by learned counsel appearing on behalf of the petitioner as no objection made on behalf of learned Additional Advocate General appearing on behalf of Staterespondents. The petitioner is directed to file a detailed representation alongwith the certified copy of this order before respondent no.4, Principal, Motilal Nehru Medical College, Prayagraj within 10 days from today. In case any such representation is filed by the petitioner, the respondent no.4 shall consider and decide the same in accordance with law, after giving opportunity of hearing to the petitioner, expeditiously, preferably within a period of six weeks thereafter.

With the aforesaid directions/observations, the present writ petition is disposed of .

Order Date :- 17.7.2025 Radhika

(Chandra Dhari Singh, J.)

Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad