Court No. - 29
Case :- WRIT - A No. - 8605 of 2019 Petitioner :- Om Prakash Tiwari Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Gautam Kumar Mishra Counsel for Respondent :- C.S.C.,Laxmi Kant Tripathi,Ved Byas Mishra
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard Sri Gautam Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel, Sri Ved Byas Mishra, learned counsel for the respondents No. 3 and 4 and Sri Laxmi Kant Tripathi, learned counsel for respondent No.2.
The petitioner was a candidate for the post of Assistant Lecturer (Sahitya) in Sampurnanand Sanskrit Vishwavidyalaya, Varanasi. He was not selected and some other person got selected. The selection took place on 09.02.2015 and was duly approved by the Vice Chancellor on 23.11.2015.
The aforesaid selection and the approval of the Vice Chancellor was challenged by the petitioner by means of a representation under Section 68 of U.P. State University Act, 1973 before the Chancellor. The said representation has been rejected by the impugned order dated 16.08.2018 on the ground that it is highly belated and time barred and that no reasons for the delay have been explained.
The facts of the case reveal that the petitioner is aggrieved by the selection which took place on 09.02.2015 and was approved by the Vice Chancellor dated 23.11.2015. The representation under Section 68 was filed by him on 22.05.2018 i.e. after about 3 years for which no sufficient explanation was rendered.
Accordingly, we are of the opinion that the Chancellor has not committed any error of law in holding that the representation is time barred as the delay in filing it had remained unexplained.
The writ petition lacks merit and is, accordingly, dismissed. Order Date :- 29.5.2019 Nirmal