HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 5941 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Sanjeev Kumar Singh, learned Senior Advocate assisted by Sri Priyansh, learned counsel for petitioner and Sri Ajit Kumar Singh, learned Senior Advocate assisted by Sri Hem Pratap Singh, learned counsel for B.H.U. 2. This is second round of litigation. The petitioner has earlier approached this Court by way of filing a Writ A No. 9541 of 2024 which was disposed of vide order dated 08.01.2025 and relevant paragraph 9 and 10 thereof are quoted below :- "9. As referred above, claim of petitioner was rejected essentially on ground that petitioner has already retired and he is not on roll of University, therefore, even in the meeting of concerned Committee his case now cannot be considered, whereas in somewhat similar circumstances in Dr. Bhaktiputra Rohtam (supra) a wide range of directions were passed. 10. In aforesaid circumstances, this Court is of the considered opinion that petitioner cannot be denied a similar benefit. However, instead of issuing a wide mandamus to Respondent-University, this writ petition is disposed of with observation that Vice-Chancellor, Banaras Hindu University, Varanasi will revisit the impugned Versus Counsel for Petitioner(s) : Priyansh, Sr. Advocate Counsel for Respondent(s) : Hem Pratap Singh Professor Hari Nath Prasad .....Petitioner(s) Banaras Hindu University And 2 Others .....Respondent(s) order in the light of judgments passed in Dr. Bhaktiputra Rohtam (supra) and Nandini Raghuvanshi (supra) as well as taking note of relevant provisions of University Grants Commission, and a fresh order shall be passed within a period of six weeks from today, if there is no legal impediment." 3. It is brought on record that judgment passed by Single Bench as well as Division Bench of this Court in Dr. Bhaktiputra Rohtam vs. Banaras Hindu University and others, 2024 SCC Online All 2340 has attained finality up to Supreme Court since a Special Leave to Appeal (C) No. 18014/2025 preferred by B.H.U. in Supreme Court was dismissed, though question of law was kept open vide order dated 18.07.2025. 4. In pursuance of above referred order of this Court, impugned orders dated 11/15.02.2024 and 18/22.02.2025 were passed, however, claim of petitioner was rejected on grounds that above referred SLP was pending before Supreme Court and that promotion may be considered only if the petitioner is on roll and could face selection committee and since both conditions were not available, therefore also, claim was rejected. 5. Learned Senior Advocate for petitioner has rightly pointed out that aforesaid orders appears to be contemptuous on face of it since not only order dated 08.01.2025 passed by this Court has attained finality since it has not been challenged at the behest of University before Division Bench of this Court, therefore, respondent-University cannot sit over said order and they have to comply with the order in its letter and spirit but same has not been complied with. 6. Now, legal impediment, if any, has also been removed, since a SLP filed by respondent-University was dismissed against Dr. Bhaktiputra Rohtam (supra), therefore, this writ petition is disposed of with an observation that concerned University-B.H.U. shall call the petitioner either before Selection Committee or Screening Committee as the case may be within a period of four weeks and a decision for promotion shall be taken thereafter and its legal consequence shall follow i.e. petitioner's WRIA No. 5941 of 2025 2 retirement will not come in way and financial benefits be granted. 7. In case of default and petitioner constrains to approach this Court again for similar relief, it may be a ground to pass strict order against concerned respondents. October 15, 2025 N. Sinha WRIA No. 5941 of 2025 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad