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HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA
Aparajita Chaudhary – Appellant
Versus
State Of U.P. – Respondent
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. 9584 of 2025. Sri Narendra Kumar Pandey, has also argued for respondent no. 5 in Writ A No. 9584 of 2025.
3. The controversy involved in both the aforesaid petitions is with regard to the post / nomenclature of the Director to be given to whom in the Regional Institutes of Ophthalmology, Manohar Das Eye Hospital which is the Ophthalmology Department of Motilal Nehru Medical College, Prayagraj. Both the petitioners are claiming that they should be given the nomenclature as well as the power of Director-cum-Professor in the aforesaid institute. In view thereof, both the
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....
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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