Court No. - 3
Case :- WRIT - A No. - 56909 of 2017 Petitioner :- C/M,Babu Shiv Nath Agarwal Degree College,Mathura Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Singh,Ajay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Irshad Ali,J.
Heard Shri Ashish Kumar Singh, learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1 & 2 and Shri Rohit Upadhya who has put in appearance on behalf of respondent no.3.
The petitioner has preferred this petition against the order dated 13.6.2017 wherein the Regional Higher Education officer, Agra Region, Agra apart from other things has mentioned that in view of the opinion of the DGC(Criminal) and DGC (Civil), if the respondent no.3 withdraws his writ petition, the matter of his rejoining may be considered.
The facts of the case reveal that petitioner was working as Associate Professor, Zoology, B.S.A College, Mathura which is affiliated to Dr.Bhim Rao Ambedkar University. His services were terminated in the year 2010. The Vice Chancellor granted approval to the termination and the order of termination was upheld by the Chancellor.
The above order of termination of the services of respondent no. 3 along with the order of Vice Chancellor and the Chancellor are subject matter of challenge in a writ petition no.48541 of 2011 which is pending without any interim order therein.
It appears that the respondent no. 2, by the impugned order referring to the said writ petition, has stated in the order that if the respondent no.3 withdraws the same, his rejoining will be considered.
In case the writ petition is withdrawn by respondent no. 3, the order of the termination of his services would attain finality and as such there would be no question of his rejoining at the institution.
Any observation to above effect has no meaning unless the writ petition is withdrawn and he be allowed to join.
The respondent no. 3 has not withdrawn the above writ petition and therefore, at this stage the question of his rejoining does not arise which may give rise to any cause of action for the petitioner to maintain this petition.
Accordingly, we dismiss the writ petition at this stage with the observation as made above.
Order Date :- 29.11.2017 IB