Memorandum of Appearance filed by Sri Vinay Tripathi, Advocate, on behalf of respondent no. 1 is taken on record.
Heard learned counsel for the petitioner, Sri Vinay Tripathi, learned counsel for the respondent no. 1, learned State Counsel for the respondent nos. 2 & 3 and Sri Sharad Kumar Shukla, learned counsel for the respondent no. 4.
The present writ petition has been preferred for quashing of the impugned orders dated 07-10-2020 passed by the respondent no. 1 by which an enquiry has been initiated by the state government in the affairs of the Giri Institute of Development Studies(hereinafter referred as Institute); the impugned order dated 07-10-2020 by which the Principal Secretary, Planning, U.P. Lucknow has been given charge of the Chairman of the institute and the impugned order dated 07-10-2020 by which the Special Secretary, Planning has been given charge of the Director of the institute.
Learned counsel for the respondent no. 4 has raised a preliminary objection regarding maintainability of the present writ petition as the petitioner has no locus to challenge the impugned orders.
Learned counsel for the respondent no. 4 has submitted that the petitioner is enrolled as Research Associate in Giri Institute of Development Studies. The Giri Institute of Development Studies is a society registered under the Societies Registration Act, 1860. The Giri Institute of Development Studies does not come within the purview of definition of state under Article 12 of the Constitution of India. The persons aggrieved either may be Chairman, Director or the General Body against whom an order has been passed, but, not the petitioner. The petitioner is only a Research Associate in the institute.
On the other hand, learned counsel for the petitioner has submitted that the orders impugned in the present writ petition have been passed against the Chairman and Director of the institute but, the petitioner is also affected by the same as his term was upto 30-10-2020, but, before expiry of the term of the petitioner, the state government has usurped the powers and due to which his assignment has not been renewed.
After hearing learned counsel for the parties, it is found that the contention raised by learned counsel for the petitioner that he is adversely affected by the impugned orders since his term as Research Associate could not be extended as the powers of the Chairman and the Director were sized. This contention has no merit since the charge of the office of the Chairman and the Director were given to the Principal Secretary and Special Secretary respectively, hence, extension of the term of petitioner could be extended by the aforesaid officers. The impugned order would not place any hurdle in extension of his term as Research Associate. However, it is also be noted that the petitioner has not made any prayer pertaining to renewal of his term.
The petitioner has no locus to challenge the impugned orders as the petitioner is neither effected nor a person aggrieved. The writ petition is not maintainable and hence dismissed.
At this stage, learned counsel for the petitioner has submitted that the liberty may be given to the petitioner to raise his grievance for renewal of his term.The liberty is given to the petitioner to approach the competent authority for redressal of grievance pertaining to renewal of his term as permissible under the law.
Order Date :- 12.1.2021 AKS