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2017 Supreme(All) 576

A.P.SAHI, SANJAY HARKAULI
KAMAL JAISWAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Amit Bose and Nilesh Gupta for the Petitioner; Rajesh Tewari, A.S.G., Prashant Singh Atal, Sameer Kalia and Y.S. Lohit for the Respondents.

JUDGMENT

By the Court.—This petition has been filed by a Professor of Babasaheb Bhimrao Ambedkar University, Lucknow contending that the occupancy of the office of Registrar by the respondent No. 5 is unlawful, and therefore a writ of quo warranto should be issued ousting her from the office as her selection and appointment is contrary to the Statutes and Ordinances of the Babasaheb Bhimrao Ambedkar Univeristy Act, 1994.

2. The petitioner was working as a Deputy Registrar on a substantive post in the Banaras Hindu University. She applied for being appointed as a Registrar in the Babasaheb Bhimrao Ambedkar University and was accordingly selected and appointed on a tenure basis. The bone of contention is based on the allegation that the respondent No. 5 who has been appointed as the Registrar was offered a tenure appointment, and not on deputation whereas after having been selected and offered an appointment, her engagement in the University was manipulated on deputation, as such the same being contrary to Rules, a writ of quo warranto be issued as she unlawfully continues to occu

















































































































































































































































































































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