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HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 1599 of 2026

The Committee Of Management Agrasen Kanya

Post Graduate College And Another

.....Petitioner(s)

Versus

The State Of U.P. And 23 Others

.....Respondent(s)

Counsel for Petitioner(s) : Aditya Pandey

Counsel for Respondent(s) : C.S.C., Ved Prakash Dwivedi

Court No. - 32

HON'BLE SAURABH SHYAM SHAMSHERY, J.

1. Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Aditya

Pandey, learned counsel for petitioners, Sri Satya Prakash Rai, learned

counsel for Respondent-University and Sri Ashok Khare, learned Senior

Advocate assisted by Sri V.P. Dwivedi, learned counsel for private-

respondents.

2. This matter is an off shoot of an order dated 13.10.2025 passed by this

Court in Writ-A No. 14890 of 2025 filed by some of private-respondents.

For reference said order is reproduced hereinafter:

“1.Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Ved

Prakash Dwivedi, learned counsel for the petitioners, Sri S.P.Singh on

behalf of respondent nos.2 and 3 and Sri Aditya Pandey for respondent

no.5.

2. It is not under much dispute that all the petitioners have worked for

sufficient period i.e. more than two decades as Assistant Professors in

different subjects at Agrasen Kanya P.G. College, Bulanala,

Parmanandpur, Varanasi on ad-hoc basis however, without any

substantial reason petitioners' services were terminated purportedly that in

the year 2019 the post has already been filled up by appointment as there

are financial constraints.

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3. Court is of the view that petitioners, the Assistant Professors, who have

worked for more than two decades cannot be terminated in one fine

morning without mentioning details thereof, therefore, this writ petition is

disposed of with a direction that the concerned respondent will provide all

details behind the impugned order, so that the petitioners may confront

them in accordance with law. It is also observed that concerned

respondent will consider the case of the petitioners in accordance with

law within a short period.”

3. The Committee of Management of concerned College is before this

Court by way of filing present writ petition.

4. Learned Senior Advocate appearing for petitioners submits that in

pursuance of above order, they have provided details including the

reasons of late decision of removal of each private respondents by

different dated orders, though admittedly private respondents have not

challenged it.

5. Learned Senior Advocate further submits that private respondents were

appointed between 1997 to 2014 without adhering to the detail procedure

provided for the purpose off appointment of Assistant Professors mainly

in the subjects Hindi and Sociology since there was a delay on behalf of

State for conducting process of substantive appointment and such

appointments were made in 2020 onwards. Though it is not disputed that

in the same capacity the said respondents have worked for almost two

decades.

6. Learned Senior Advocate further submits that said respondents were

not appointed under any self financed scheme, therefore, they have no

statutory right if their services are terminated. Said respondents were paid

by the Management from its own sources and since in the last 5-6

Academic years, the number of students in said subjects were reduced

drastically and petitioner Committee of Management has no money to pay

their salary, therefore, the hard decision was taken.

7. Learned Senior Advocate further submits that details were provided to

the Director of Higher Education also however, the same was not

considered. He further submits that Director is not the appropriate

authority rather appropriate authority is the Respondent-University.

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8. Sri Khare, learned Senior Advocate appearing for private-respondents

submits that it is their consistent case that they were appointed through

proper process under self financed scheme, therefore, they have right to

continue till the substantive appointment be made by Management.