Wasiuddin and Another v. State of U.P. and 3 Others

Court No. - 35 Case :- WRIT - A No. - 17261 of 2023 Petitioner :- Wasiuddin And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Muqeem Ahmad Counsel for Respondent :- C.S.C.,Arvind Kumar Upadhyay,Santosh Kr. Singh Paliwal Hon'ble Vikas Budhwar,J.

¶1Heard Sri Muqeem Ahmad learned counsel for the writ petitioner, Sri Direndra Singh, learned Standing Counsel who appears for respondent No. 1, Sri Arvind Kumar Upadhyay, learned counsel who appears for respondents No. 2 and 3 and Sri J.P Singh Singh along with Sri Santosh Kumar Singh Paliwal, learned counsels who appear for respondent No. 4.

¶2The writ petitioner herein claims to be the member of the Committee of Management of the fourth respondent-institution, C/M, Shibli National P.G. College, Azamgarh according to him the Committee of Management has made certain selections for the post of Principal and Assistant Professors in the totally illegal manner. Aggrieved against the same, the writ petitioner represented his cause and now he has filed the present writ petition for making inquiry. Sri J.P. Singh learned counsel who appears for the Committee of Management as well as learned Standing Counsel and counsel for the University submits that the writ petition may not be maintainable at the instance of the writ petitioner particularly as he claims himself to be the only member as he does not possess any locus standi to prefer and maintain the present writ petition.

¶3Sri Muqeem Ahmad, learned counsel for the writ petitioner submits that the respondents-University cannot in any manner whatsoever proceed with the selections in an illegal or arbitrary manner as it is not being authorities to take appropriate action. Having considered the arguments of the learned counsel for the writ petitioner the Court is of the opinion that the writ petition is not maintainable at the instance of the writ petitioner being a member of the Committee of Management of the institution as he does not possess any locus standi and further coupled with the fact that there are even otherwise no adequate pleadings in the writ petition.

¶4Be that as it may, once a selection is being conducted then it is always subject to the approval granted by the University and this Court has no reason to disbelieve that the University shall consider each and every aspect of the matter and thereafter proceed accordingly.

¶5The passing of the order today in the writ petition may not be construed to be clothing the writ petitioner with locus in this regard.

¶6Accordingly, the writ petition stands consigned to record. Order Date :- 20.11.2023 Rajesh High Court of Judicature at Allahabad