Shiv Kumar v. State of U.P. and 3 Others

Court No. - 35 Case :- WRIT - A No. - 17144 of 2023 Petitioner :- Shiv Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Pandey Counsel for Respondent :- C.S.C.,Avneesh Tripathi Hon'ble Vikas Budhwar,J. Heard Sri Rakesh Kumar Pandey, learned counsel for the petitioner as well as Sri Ratan Deep Mishra, learned Standing Counsel, who appears for respondent no. 1 and Sri Avneesh Tripathi, learned counsel for the respondents no. 2 and 3. In view of the order, which is being proposed to be passed today, notices are not being issued to the fourth respondent. The case of the writ petitioner is that he was appointed as an Assistant Professor to the department of Law in the fourth respondent institution, Greater Noida College Law on 11.5.2018 which came to be approved by the Vice Chancellor of the University in question on 24.5.2018/8.6.2018. It is the further case of the writ petitioner that certain orders being passed on 3.8.2020 by the University in question and without any rhyme and reason his services stood dispensed with on 24.12.2021 by the fourth respondent. As per the provision contained under the U.P. State Universities Act, 1973, the matter engaged attention before the Chaudhary Charan Singh University, Meerut and the Registrar of the University in question proceeded to issue a communication dated 11.10.2022 whereby it found that the dispensation of the services of the writ petitioner on 24.12.2021 was illegal and entitled to reinstated along with all benefits. The writ petitioner is stated to have represented his cause before the University, however according to him the order passed by the Registrar has not been complied with. Learned counsel for the respondents submits that since the University in question is already ceased of the matter and thus it would be in the fitness of the matter the writ petitioner may approach the Vice Chancellor of the Chaudhary Charan Singh University, Meerut, third respondent for the redressal of the grievances and he shall take into account each and every aspect of the matter and redress the grievance of the writ petitioner in the light of the communication dated 11.10.2022. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the third respondent, Vice Chancellor of the Chaudhary Chanran Singh University, Meerut who shall on the receipt of the same, put to notice the fourth respondent and thereafter proceed to do the needful as per the provisions contained under the U.P. State University Act, 1973 within a period of six weeks from the date of presentation of the certified copy of the order. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed off. Order Date :- 6.11.2023 piyush High Court of Judicature at Allahabad