Disposed

Dr Debi Prasad Mukhopadhyay v. the Registrar Sidhu Kanhu Murmu University

Jharkhand HC17 Mar 2023WPC/3177/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand rejected a prayer for interim relief to quash an advertisement for a principal post, opining that relief is not warranted merely because the main case is pending before a non-functional Education Tribunal, and instead ordered the matter be prioritized upon the Tribunal's resumption.

What did the court decide?

Interim relief for quashing the advertisement notice was denied; order disposed with direction to prioritize the main case upon Tribunal resumption.

Dr Debi Prasad Mukhopadhyay Vs the Registrar Sidhu… — Service and Employment | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 3177 of 2022

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Dr. Debi Prasad Mukhopadhyay, aged about 58 years, son of Late Ardhendu Mukhopadhyay, resident of House No.- 158, Bidhanpalli, P.O. & P.S. Durgapur- 6, District Bardhman, West Bengal

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… … Petitioner

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Versus

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The Registrar, Sidhu Kanhu Murmu University, Dumka, P.O., P.S. & District- Dumka

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The Chairman, National Council of Teaching Education, H3J5+247, ERC Hans Bhavan Wing 2 Bahadur Shah Zafar Marg, New Delhi, P.O.- Darya Ganj, P.S.- Darya Ganj, District- New Delhi

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Dev Sangha Institute of Professional Studies & Educational Research (DIPSER) College of Education, represented through its Chairman, at Bompas Town, Devsangh, P.O., P.S. & District Deoghar, Jharkhand

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The Secretary, Managing Committee of Dev Sangha Institute of Professional Studies & Educational Research (DIPSER) College of Education, at Bompas Town, Devsangh, P.O., P.S. & District Deoghar, Jharkhand

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The Vice-Chairman, Management Committee of DIPSER College of Education, at Bompas Town, Devsangh, P.O., P.S. & District Deoghar, Jharkhand

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… … Respondents

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--- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Onkar Nath Tiwary, Advocate For the Respondent No. 1: Dr. Ashok Kumar Singh, Advocate

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05 /17.03.2023 Learned counsel for the parties are present.

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2. This writ petition has been filed for the following reliefs:

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“For issuance of appropriate order/s, direction/s for quashing the advertisement notice issued by the concerned respondent no.2 for the appointment of Principal in the DIPSER during the pendency of the case no.-02/2022 (JET) which is pending before the Jharkhand Education Tribunal, Ranchi.”

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3. Learned counsel for the petitioner submits that the petitioner is seeking interim relief before this Court, although the main case has been filed before the Jharkhand Education Tribunal, Ranchi being case No. 02/2022 (JET). He submits that the petitioner has been terminated from service illegally during COVID period. The learned counsel submits that the concerned respondent has issued advertisement at Annexure- 4 way back as on 11.05.2022 which

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indicates that they are taking steps to fill up the post and thereby the petitioner will suffer irreparable injury, if the post is filled up. He submits that he has made specific statement in para 25 of the writ petition that Jharkhand Educational Tribunal is non-functional on account of non-availability of the members in the Tribunal. He submits he has been informed that some order has been passed by this Court in another case to expeditiously fill up the vacancy in Jharkhand Education Tribunal though he does not have a copy of the order.

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4. Considering the nature of relief which has been sought for in the present case and the fact that main case is pending before Jharkhand Education Tribunal, this court is not inclined to grant any interim relief to the petitioner merely on the ground that the Jharkhand Education Tribunal is non-functional. As submitted by the learned counsel for the petitioner himself that one order has been passed by this Court in another case to expeditiously fill up the vacancy in Jharkhand Education Tribunal.

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5. However, it is sufficient to observe that the case of the petitioner be taken up on priority basis as and when the Jharkhand Education Tribunal becomes functional.

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6. This writ petition is accordingly disposed of.

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7. Pending interlocutory application, if any, is closed.

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(Anubha Rawat Choudhary, J.)

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Pankaj

Dr Debi Prasad Mukhopadhyay v. the Registrar Sidhu Kanhu Murmu University

Case brief

What is this about?

What did the court decide?

Dr Debi Prasad Mukhopadhyay v. the Registrar Sidhu Kanhu Murmu University

Case brief

What is this about?

What did the court decide?

What the court decided

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