Devendra Nath Singh Vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Devendra Nath Singh Vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file a fresh representation, together with the present writ petition and a certified copy of the order, before the Competent Authority within 10 days; the Competent Authority to take appropriate action on the Committee's report in accordance with law, expeditiously, preferably within six weeks. Substantive reliefs were not adjudicated, the petition having been disposed of on an innocuous prayer without entering into merits.

Issue for consideration

Whether the respondents should be directed, by mandamus, to take necessary action against respondent nos. 4 and 5 in pursuance of the two-member inquiry report dated 11.11.2024 and the letter dated 21.02.2025 issued by respondent no. 2. +1 more

Court's answer

The petitioner was directed to represent his case by way of a fresh representation, along with the present writ petition and a certified copy of the order, before the Competent Authority within 10 days.

Ratio / Principle

Taking into account the petitioner's innocuous prayer and the absence of objection from the other side, the court allowed the prayer without entering into the merits of the case.

Key takeaways

The Competent Authority was directed to take appropriate action on the report submitted by the Committee in accordance with law, expeditiously, preferably within a period of six weeks.ratio¶19

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Chandra Dhari Singh, J.), 15 September 2025, WRIT - C No. 30986 of 2025 — Devendra Nath Singh v. State Of U.P. And 5 Others. The writ petition, which sought mandamus directions to act against respondent nos. 4 & 5 on a two-member inquiry report dated 11.11.2024 and a letter dated 21.02.2025 issued by respondent no. 2, and to initiate disciplinary proceedings with recovery of amounts allegedly illegally obtained from students, was disposed of WITHOUT ENTERING INTO THE MERITS. Counsel for the petitioner did not press the petition on merits and made an innocuous prayer for liberty to file a representation before the Higher/Competent Officer; the learned Standing Counsel for the State raised no objection. The court allowed the prayer: the petitioner was directed to file a fresh representation along with the writ petition and a certified copy of the order before the Competent Authority within 10 days, and the Competent Authority was directed to take appropriate action on the Committee's report in accordance with law, expeditiously, preferably within six weeks. The substantive reliefs therefore remained unadjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 30986 of 2025

Devendra Nath Singh

.....Petitioner(s)

Versus

State Of U.P. And 5 Others

		.....Respo	ndent(s)
Counsel for Petitioner(s)	: Arpit Malviya, Malviya	Awadhesh	Kumar
Counsel for Respondent(s)	: C.S.C.
Court No.- 32

HON'BLE CHANDRA DHARI SINGH, J.

The instant writ petition has been filed for the following reliefs:-

" (a) To, issue a writ, order or direction in the nature of mandamus directing the respondents to take necessary action against the respondent no.4&5 in pursuance of two member inquiry report dated 11.11.2024 and letter dated 21.02.2025 issued by respondent no.2, within stipulated period.

(b) To, issue writ, order or direction in the nature of mandamus commanding the respondents to initiate disciplinary proceeding against erring officer and insure recovery of amount illegally obtained from students of institution."

After some length of argument, Sri A. K. Malviya, learned counsel appearing on behalf of petitioner submitted that he is not pressing the petition on merits and made innocuous prayer that liberty may be given to him to file representation before the Higher Officer/Competent Officer for appropriate action on the enquiry report dated 11.11.2024.

Per contra, Sri Madanmohan, learned standing counsel appearing on behalf of State-respondents has no objection to the innocuous prayer made by learned counsel for the petitioner.

Heard Sri A. K. Malviya, learned counsel for the petitioner, Sri Madanmohan, learned Standing Counsel for the State-respondents and perused the contents made in the writ petition.

5.Taking into consideration the innocuous prayer made by learned counsel for the petitioner and no objection from other side, without entering into the merits of the case, I am inclined to allow the innocuous prayer made by learned counsel for the petitioner.

Petitioner is directed to represent his case by way of fresh

WRIC No. 30986 of 2025

2

representation along with the present writ petition and certified copy of this order before Competent Authority within 10 days. Thereafter, the Competent Authority is directed to take appropriate action on the report submitted by the Committee in accordance with law, expeditiously, preferably within a period of six weeks.

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

(Chandra Dhari Singh,J.)

September 15, 2025

AKT

Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad