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2023 Supreme(All) 214

DEVENDRA KUMAR UPADHYAYA, OM PRAKASH SHUKLA
Rakesh Kumar Sharma – Appellant
Versus
Chancellor Chaudhary Charan Singh University Meerut – Respondent


Advocates Appeared:
For the Petitioner: Chandra Bhushan Pandey, Asim Kumar Singh.
For the Respondent: C.S.C., Avneesh Tripathi, Subhash Bisaria.

JUDGMENT :

1. Heard Sri Chandra Bhushan Pandey and Ms. Akansha Rajput for the petitioner, Sri Himanshu Suryavanshi for the Chancellor, Chaudhary Charan Singh University, Meerut [here-in-after referred to as 'the University'], learned State Counsel representing the State authorities and Subhash Bisaria, learned Counsel representing the authorities of the University.

2. Though service of this petition upon respondent No.6, as reported vide office note dated 01.10.2021 is sufficient, however neither the respondent No.6 nor anyone representing her is present.

3. By instituting these proceedings under Article 226 of the Constitution of India, the petitioner assails the validity of an Order dated 03.03.2021 passed by the Hon'ble Chancellor of the University, whereby the Reference made under Section 68 of the U.P. State Universities Act, 1973 (here-in-after referred to as 'the Act, 1973') by the respondent No.6 challenging the appointment of the petitioner on the post of Associate Professor in Education in the University has been allowed and he has been held to be ineligible for appointment ot the post in question. The Hon'ble Chancellor has further directed the Executive Council of the Univ

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