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2024 Supreme(All) 1272

PRAKASH SINGH
Ajay Kumar Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anagh Shukla, Shweta Shukla
For the Respondent:C.S.C., Akhilesh Kumar Srivastava, Parmatma Prasad Singh, Rakesh Kumar Srivastava and Rakesh Mishra for the Respondents.

JUDGMENT :

Hon'ble Shree Prakash Singh, J.-Vakalatnama filed by Shri Parmatma Pd. Singh, Advocate on behalf of opposite party No. 5, is taken on record.

2. Heard Ms. Shweta Shukla, learned counsel for the petitioner, Sri Akhilesh Kumar Srivastava, learned counsel for opposite party Nos. 2 and 3, Sri Shailendra Kumar Singh, learned Chief Standing Counsel for State, Sri Rakesh Kumar Srivastava, learned counsel for opposite party No. 4 and Sri Parmatma Pd. Singh, learned counsel for opposite party No. 5.

3. Notices to opposite party No. 4 is hereby dispensed with.

4. At the very out-set, Shri Akhilesh Kumar Srivastav, learned counsel appearing for the respondent-University has raised preliminary objection that the order dated 11th October 2023 passed by the Vice Chancellor is revisable under Section 68 of the U.P. State Universities Act 1973 (hereinafter referred as 'Act, 1973'). He added that the Vice Chancellor has taken decision vide order dated 11th October 2023 and refuted the claim of the petitioner while observing that the petitioner was promoted on the post of Associate Professor on 14th May 2022, and therefore, he is not entitled to be posted on rotation basis, as the same can be

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