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Dr Shivendra Singh And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|21 February, 2019
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JUDGMENT / ORDER

Court No. - 58
Case :- WRIT - A No. - 2244 of 2019 Petitioner :- Dr. Shivendra Singh And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Udayan Nandan,Shashi Nandan (Sr. Advocate) Counsel for Respondent :- C.S.C.,Akhilesh Chandra Mishra,Gagan Mehta,Akhilesh Chandra M
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed on 13.2.2019:-
"Petitioners are Lecturers working on honourarium basis in self finance courses. The grievance is that the Committee of Management has taken a decision to discontinue two courses wherein they were engaged w.e.f. the academic session commencing July, 2019. Submission is that in terms of Government Order dated 23rd August, 2011, such discontinuation can only be pursuant to an approval obtained from the State Government, which has not been obtained. Contention is that the order impugned is bad in law.
Learned Standing Counsel may obtain instructions, as to whether the Government Order dated 23rd August, 2011, is still enforced, and if it is so, whether approval has been obtained by the Institution for closure of the two courses.
Post as fresh once again on 21.2.2019.
Sri Akhilesh Mishra appears for the respondent no. 2 - University. His name will be shown, whenever the case is listed next."
Learned Standing Counsel has obtained instructions from the Joint Secretary of the concerned department of the State, dated 20.2.2019, which is taken on record. This communication clearly records that the Govt. Order dated 23.8.2011 is still applicable and that the institution has not sought any permission from the State Government before discontinuing the course itself.
Contention advanced on behalf of the petitioners that interference in their working on account of discontinuance of two courses vide order dated 3.11.2018 is contrary to govt. order appears to have substance.
However, in the facts and circumstances ends of justice would be met if this writ petition is disposed of requiring the Regional Higher Education Officer to examine this aspect of the matter, after affording opportunity of hearing to the institution, by passing a reasoned order within a period of six weeks. The officer concerned shall specifically refer to the Govt. Order dated 23.8.2011 as also the stand taken by the State before this court. The question of ensuring petitioners' continuance as well as payment of salary would also be addressed, and the claim for payment of salary in terms of the Govt. Order dated 29.3.20016 shall also be considered by the Regional Higher Education Officer. The order under challenge dated 3.11.2018 of the Principal of the institution shall abide by the orders to be passed by the Regional Higher Education Officer, as indicated above.
Subject to the aforesaid observations, this writ petition stands disposed of.
Order Date :- 21.2.2019 Ashok Kr.
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Title

Dr Shivendra Singh And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 February, 2019
Judges
  • Ashwani Kumar Mishra
Advocates
  • Udayan Nandan Shashi Nandan