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VIKAS BUDHWAR
C/M Jubilee Sanskrit College – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Vikas Budhwar, J.
Counter affidavit filed on behalf of the second and the third respondent is taken on record.
2. Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, for the writ petitioners, Sri Shailendra Singh, learned Standing Counsel who appears for the respondent no.1, Sri Shesh Kumar Srivastava, learned counsel for the respondents no. 2 and 3 and Sri Ashok Khare, learned Senior Counsel assisted by Sri P.K. Upadhyay, for the fourth respondent.
3. The case of the writ petitioners who are two in number is that it is an institution by the name of Jubilee Sanskrit College, Ballia which is affiliated to Sampurnanand Sanskrit Vishwavidyalaya, Varanasi and it is also grant in aid list of State Government, provisions of U.P. Act No. 24 of 1971 stands applicable.
4. According to the writ petitioners purusant to the retirement of one Sri Baij Nath Pandey, who was working as a Principal of the petitioners' institution the vacancy stood arisen which was advertised in two widely circulated news papers and the fourth respondent, Dr. Rakesh Kumar Tripathi applied for the post of Principal in the petitioners' institution.
5. In para 10 of the writ petition it ha
Quasi-judicial authorities must provide substantiated reasoning in their decisions to ensure fairness in civil rights matters.
Quasi-judicial authorities must provide reasoned decisions when determining civil rights; failure to do so renders the decision unsustainable.
It is in interest of University that all doubts regarding appointment of teachers are raised within a period of three months to have an early decision by Chancellor to give quietus to disputes in Uni....
The failure to issue a disagreement note when the disciplinary authority disagrees with the Enquiry Officer's findings constitutes a violation of natural justice, necessitating remittance for proper ....
The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
Alternative remedies do not bar the maintainability of writ petitions under Article 226, especially in cases involving fundamental rights or jurisdictional issues.
The court upheld the validity of the petitioner's appointment as Principal, asserting no individual can claim dual permanent positions in educational administration.
The court emphasized adherence to procedural fairness and legitimate expectations in administrative appointments, allowing reinstatement due to unjust termination based on misrepresentation and ante-....
Dismissal of an employee without a fair inquiry violates natural justice principles and statutory provisions, making the writ petition maintainable despite alternative remedies.
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