CHANDRA SHEKHAR AZAD UNIVERSITY OF AGRICULTURE AND TECHNOLOGY KANPUR THRU.VICE CHANCELLOR AND ORS. v. DR. ASHA YADAV AND 3 OTHERS
SPLAD/151/2025 · 2025-04-10
Ajai Kumar Srivastava I, Attau Rahman Masoodi
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 132743 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132743 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21946-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 151 of 2025 Appellant :- Chandra Shekhar Azad University Of Agriculture And Technology Kanpur Thru.Vice Chancellor And Ors. Respondent :- Dr. Asha Yadav And 3 Others Counsel for Appellant :- Ran Vijay Singh Counsel for Respondent :- Yadukul Shiromani Srivastava (Y.S.Lohit),C.S.C.,Rajendra Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. (C. M. Application/I.A No. 1/2025 (Application for condonation of delay)
1. The present application has been filed with the prayer to condone the delay in filing the present appeal.
2. Cause shown in the affidavit filed in support of present application is sufficient.
3. Accordingly, the delay condonation application is allowed and the delay in filing the appeal is hereby condoned.
Order on appeal
1. Heard learned counsel for the appellant and learned counsel for the respondent.
2. The present appeal has been filed with the prayer to set aside the order dated 03.05.2024 passed by the Writ Court in Writ-A No.3440 of 2024, Dr. Asha Yadav Vs. State of U.P. and others which is an interlocutory order.
3. On a plain reading of the order impugned herein, we find that the Writ Court for the purposes of grant of interim protection has extended the benefit of judgment and order dated 17.05.2023 passed by a Coordinate Bench of this Court in Writ- A No. 7847 of 2022 against which Special Leave Petition filed before Hon'ble the Apex Court was rejected. Unless the controversy is finally adjudicated upon, no intervention is called for against the impugned order dated 03.05.2024 passed during the pendency of case.
4. At this stage, learned counsel for the appellants has stated
that counter affidavit has already been filed along with the stay vacation application before the Writ Court, to which learned counsel for the respondents undertakes to file rejoinder affidavit within three weeks.
5. Let the pleadings be exchanged before the Writ Court and on exchange of pleadings, it is requested that the Writ Court may decide the writ petition finally on its own merit.
6. With the aforesaid observations, the Special Appeal is
disposed of. . (Ajai Kumar Srivastava-I,J.) (Attau Rahman Masoodi,J.)
Order Date :- 10.4.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench