Court No. - 5
Case :- WRIT - A No. - 8163 of 2021 Petitioner :- Ms.Shilpi Shukla And 25 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Amish Kumar Srivastava Counsel for Respondent :- C.S.C.,Ajal Krishna,Alok Kumar Srivastava,Ankit Prakash,Karshit Nigam,Rohit Pandey
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners, learned Standing Counsel for respondent no.1, Sri Ajal Krishna, learned counsel for respondent no.2, Sri Shakti Swarup Nigam, learned Senior Counsel assisted by Sri Alok Kumar Srivastava, learned counsel for respondent nos.3 & 4 and Sri Ankit Prakash, learned counsel for University.
The petitioners by means of the present writ petition have prayed for the following main reliefs:-
"a. To issue writ, order or direction in the nature of mandamus directing the respondent no.5 to decide the representation of the petitioner's dated 19.10.2020 (Annexed as annexure no.6 to the writ petition).
b. To issue, writ, order or direction in the nature of mandamus commanding the respondent no.3 to pay full salary of the petitioner's including dearness allowance and all benefits as per provided by respondent no.2 (AICTE) and respondent no.4."
The petitioners are teachers of Mahatma Gandhi Missions College of Engineering and Technology, NOIDA.
The grievance of the petitioners is that State Government has issued a direction by Government Order dated 20.05.2021 addressed to the Vice Chancellor of Dr. APJ Abdul Kalam Technical University, Lucknow and Director, Technical Education, Kanpur to ensure full salary to teachers and staff of self financed institutions, who have charged full fees.
Sri Shakti Nigam, Senior Counsel submits that petitioners are staff of private institution which is not state within the meaning of Article 12 of the Constitution of India, therefore, writ petition is not maintainable.
This Court at this stage is not inclined to enter into the merits of submission advanced by the parties in view of the order which is being passed by this Court.
In the instant case, petitioners are claiming implementation of Government Order dated 20.05.2021 which is dependent upon the fact that petitioners are entitled to full salary if institution is charging full fees from the students.
The question as to whether institution has charged full fees or not is a question of fact which can be very well looked into by the competent authority as the adjudication of the said question requires evidence and material on record led by the respective parties.
Since the controversy in hand is factual, therefore, this Court is not inclined to entertain the writ petition and relegate petitioners to respondent no.5- Vice Chancellor, Dr. A.P.J. Abdul Kalam Technical University (AICTE), U.P. Lucknow to raise all their grievances by submitting a comprehensive representation within a period of two weeks from today. In case any such representation is filed by the petitioners, respondent no.5 shall consider and decide the same after giving due notice and opportunity of hearing to respondent nos.3 & 4 by reasoned and speaking order within a period of three months thereafter.
The writ petition is disposed off.
It is clarified that this Court has not expressed its opinion on the merit of claim of petitioners.
Order Date :- 25.10.2021 Sattyarth