PROF (DR). DEEPAK KUMAR SRIVASTAVA v. DR. AMIT BHARDWAJ, DIRECTOR OF EDUCATION, HIGHER EDUCATION, PRAYAGRAJ
/4047/2025 · 2025-12-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185985 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185985 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4047 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J.
1. The present contempt application has been preferred against alleged non compliance of the judgement and order dated 15.10.2025. 2. The relevant extract is quoted hereinbelow:-
"The writ petition is disposed of with an observation that the claim of the petitioner be considered as fresh, in light of the case of Dr. Ram Asare Singh(Writ A No. 20475 of 2024), if the case of the present petitioner is identical to the case of the same. This issue will be dealt with and decided by the authority concerned, mainly on the premises that whether the case of the present petitioner is identical to the case of Dr. Ram Asare Singh and a decision shall be taken by the authority concerned with a period of two months from the date a representation is made by the petitioner. "
3. By the judgement and order dated 15.10.2025, the benefit of judgement in the case of Dr. Ram Asare Singh has been given in case the same is applicable. The relevant paragraphs of the judgement in the case of Dr. Ram Asare Singh is quoted hereinbelow:-
"10. Learned Standing Counsel for State refers Section 14 of U.P. Higher Education Commission Act, 1980, that appointment of petitioner can be cancelled by Management of college, however, the contents of it does not support the submission as it only provides that in case, a Principal does not join at the appointed place within stipulated period, the Director can send another name to join as a Principal at that Versus Counsel for Applicant(s) : Kaushlendra Yadav, Anupriya Srivastava Counsel for Opposite Party(s) :
Prof (Dr). Deepak Kumar Srivastava .....Applicant(s) Dr. Amit Bhardwaj, Director Of Education, Higher Education, Prayagraj .....Opposite Party(s)
place. 11. In the aforesaid circumstances, the Court is of considered opinion that cancellation of appointment of petitioner by Management could be treated only that his appointment at college at Indira Gandhi Mahavidayala, Gauriganj, Sultanpur is being cancelled but it cannot be extended to the extent that his selection is being cancelled.
The Court takes note that appointment in different colleges is still under way and according to averments, the post of Principal at Tilakdhari Post Graduate College, Jaunpur is still vacant, the case of petitioner can be considered for appointment at that college, if no other selected Principal has claimed prior to it. 12. In the aforesaid circumstances, this writ petition is disposed of with an observation that claim of petitioner be considered as fresh, taking note of above referred observations and if there is no legal impediment, the petitioner be appointed as Principal of Tilakdhari Post Graduate College, Jaunpur. "
4. Learned counsel for the applicant has submitted that the representation of the applicant has been rejected by passing the order dated 28.11.2025 without considering the case of the applicant in the light of the judgement given in the case of Dr. Ram Asare Singh where also he was given appointment on the post of his first preference but here in the case of the applicant, the same has been denied and by denying the same, the respondent has flouted the judgement and order dated 15.10.2025 passed in the writ petition filed by the applicant. 5. After hearing Sri O.P. Srivastava, learned Senior Advocate assisted by Ms. Anupriya Srivastava, learned counsel for the applicant and going through the record particularly the order dated 28.11.2025 passed by the respondent, it is found that the case of the applicant was considered in the light of the judgement in the case of Dr. Ram Asare Singh and the distinction between the case of the applicant and Dr. Ram Asare Singh has also been dealt in paragraph 6 of the order, i.e., in case of Dr. Ram Asare Singh where he was posted, on his non joining the said post was filled up by another selectee whereas, in the case of the applicant the post where the applicant was posted is still vacant and no one has joined.
So the matter has been decided after considering the judgement in the case of Dr. Ram Asare Singh and the Writ Court has nowhere directed that the CAPL No. 4047 of 2025 2
case of the applicant is covered by the judgement of Dr. Ram Asare Singh. 6. Since the case of the applicant has been decided taking into account the decision in the case of Dr. Ram Asare Singh, no case of contempt is made out. 7. The present contempt application is devoid of merits, hence, dismissed . December 9, 2025 Anurag CAPL No. 4047 of 2025 3 (Manish Kumar,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench