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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT LUCKNOW
ATTAU RAHMAN MASOODI, SUBHASH VIDYARTHI
State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Higher Education, Lko. – Appellant
Versus
Prof. Bimal Jaiswal – Respondent
| Table of Content |
|---|
| 1. challenge to government inquiry constitution (Para 1 , 2 , 3) |
| 2. writ court decision validity (Para 4 , 5) |
| 3. arguments on reservation eligibility (Para 6 , 7 , 8 , 9 , 10) |
| 4. provisions regarding o.b.c. reservation (Para 11 , 12 , 13) |
| 5. procedure for inquiries under state universities act (Para 14 , 15 , 16) |
| 6. judicial review of inquiry processes (Para 17 , 18 , 19 , 20) |
| 7. authority structure for inquiry committees (Para 21 , 22) |
| 8. irrelevance of cited judgments (Para 23 , 24) |
| 9. partial allowance of special appeal (Para 25) |
| 10. litigation costs assignment (Para 26) |
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Shri Kuldeep Pati Tripathi, the learned Additional Advocate General assisted by Shri Nishant Shukla, the learned Additional Chief Standing Counsel appearing on behalf of the appellants, Shri Sandeep Dixit Senior Advocate assisted by Shri Nilaya Gupta Advocate, the learned Counsel for the respondent No.1 and Shri Anurag Kumar Singh, the learned Counsel for the University of Lucknow.
2. By means of the instant Intra Court Appeal filed under Chapter VIII Rule 5 of the ALLAHABAD HIGH COURT RULES , 1952 the appellants - State of U.P. and Special Secretary, Department of H
The State Government is authorized to conduct inquiries into university appointments under the State Universities Act, revealing the importance of procedural propriety and independence from universit....
The State Government had the power to issue directions for the appointment of a selection committee for recruitment of staff members, and the University was bound to comply with such directions. The ....
The removal of a Vice Chancellor without adherence to statutory provisions and principles of natural justice is invalid.
The appointment of the Vice-Chancellor of a University must be made in accordance with the UGC Regulations, 2010, which are mandatory and binding on the State Government. A person who is connected wi....
The amendment aimed to ensure the independence of the search committee and avoid biases and favoritism in the appointment process.
Section 13 of University Act, 2000 clearly states that Registrar shall be a full time officer of University and shall be appointed by State Government.
Appointment as Vice-Chancellor of University – While preparing panel, Search Committee must give proper weightage to academic excellence; exposure to higher education system in country and abroad, an....
The main legal point established in the judgment is that the State had the authority to pass appropriate directions under Section 19 of the West Bengal Universities and Colleges (Administration and R....
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