Court No. - 37
Case :- WRIT - A No. - 25267 of 2008 Petitioner :- Ravindra Kumar Singh Respondent :- State Of U.P. Thru Secy. Higher Education And Others Counsel for Petitioner :- Radha Kant Ojha,V.S. Parmar Counsel for Respondent :- C.S.C.,Neeraj Tripathi,Pankaj Misra,Sanjay Kumar Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioner and learned counsel for the State.
By way of this petition, the petitioner has prayed the following reliefs:-
"(a) A writ order or direction in the nature of certiorari quashing the impugned orders dated 30.04.2008, 27.07.2007 and 29.09.2006 passed by the Respondents no.2, 3 and 6 respectively.
(b) A writ order or direction in the nature of mandamus commanding the Respondents not to interfere in peaceful working of the petitioner as lecturer in the aforesaid institution and make payment of salary to the petitioner as and when it comes due."
We have perused the letter written by the petitioner to the Vice Chancellor of Dr. B.R. Ambedkar University and his representation was also rejected. While going through the matter and the factual scenario, mandamus under Article 226 of the Constitution of India cannot be given to the University for appointing a person. The petitioner alleges that he was appointed amongst unique qualified candidates and his name was recommended. The impugned orders dated 30.04.2008, 27.07.2007 and 29.09.2006 passed by respondents nos. 2, 3 and 6 cannot be so arbitrary or incurable the exercise of the power that if the petitioner by this time has obtained the qualifications as per the U.P. State Universities Act and the Rules, Regulations framed by Dr. B.R. Ambedkar, the Chancellor or Vice chancellor if any vacancy available and the petitioner makes fresh representation before the Chancellor through Vice chancellor of the University, the Chancellor may consider his case on sympathetic ground as well as looking into the merits, if it falls in the domain of the authorities.
With these observations, this writ petition is disposed of.
Order Date :- 24.9.2021 AK Pandey