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HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA
Aparajita Chaudhary – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. controversy involves title and roles at institute. (Para 1 , 2) |
| 2. background on appointments and government orders. (Para 3 , 4 , 5 , 6) |
| 3. representation and orders regarding position claims. (Para 7 , 8 , 9) |
| 4. arguments for titles and previous roles. (Para 10 , 11 , 12 , 13) |
| 5. counterarguments regarding role definitions. (Para 14 , 15 , 16) |
| 6. court's analysis of post definitions and appointments. (Para 20 , 21 , 22 , 23) |
| 7. findings on appointments and legal sustainability. (Para 24 , 25) |
| 8. conclusion on appointment authority and roles. (Para 26 , 27) |
JUDGMENT :
ANISH KUMAR GUPTA, J.
1. Since the controversy involved in both the petitions is similar in nature therefore both the petitions are being heard together.
2. Heard Sri Narendra Kumar Pandey, assisted by Sri Manish Kumar Kesarwani, learned counsel for the petitioner in Writ A No. 14985 of 2025 and Sri Rahul Agrawal, assisted by Sri Gaurav Singh, learned Standing Counsel for the State respondents in both the petitions and Sri G.K. Singh, learned Senior Counsel assisted by Sri G.K. Malviya and Sri Sankalp Narain, Advocates for the respondent no.6 in the Writ A No. 14985 of 2025 and for the petitioner in Writ A No
Only the Head of Department shall be designated as Director-cum-Professor, confirming their integrated roles unless a distinct post is created.
The main legal point established in the judgment is that the appointment of the Dean cum Director must be made in accordance with the Regulations and Rules, and the State Government was directed to c....
Long-settled service positions via departmental recognition of appointments, seniority, and promotions over a decade cannot be disturbed on debatable cadre interpretations or disputed eligibility fac....
The main legal point established in the judgment is the importance of seniority and fair consideration based on seniority in the appointment process, as interpreted under Statute 18 of the University....
The court emphasized the importance of upholding the State's decision based on the notification dated 27.05.2004 and discouraged the State from questioning its own decision regarding the creation of ....
The main legal point established in the judgment is that the statutes' tenure for the post of Director applied, and the respondent No. 1 cannot cherry-pick advantageous factors from C & R Rules and s....
The Chancellor's authority allows for resolving seniority disputes in academia, despite procedural lapses, with seniority determined primarily by age.
The Executive Council exceeded its authority by unilaterally imposing new qualifications on Heads of Departments, which contradicted the established statutory framework under the University Act.
Temporary appointments in autonomous institutions do not confer permanent status or lien, maintaining the original cadre's substantive post as the employee's right.
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