PROF (DR.) USHA DUBEY v. STATE OF U.P. AND 6 OTHERS
WRIA/3936/2025 · 2025-04-29
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33425 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33425 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:67131 Court No. - 7 Case :- WRIT - A No. - 3936 of 2025 Petitioner :- Prof (Dr.) Usha Dubey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C.,Pratik Chandra,Satyaveer Singh Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner, Sri Satyaveer Singh,
learned counsel for respondent no. 7, Sri Pratik Chandra, learned counsel for respondent nos. 3 and 4 and learned Standing Counsel for the respondent-State.
2. The present writ petition has been filed with the following prayers :-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order bearing letter No. PRSU/VCOFF/706/25 dated 17.02.2025 passed by respondent no. 4 (Annexure No. 1 to this writ petition); (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the competent respondent authorities to give effect to the order dated 21.11.2024 passed by the respondent no. 6 whereby held the petitioner to be senior than the respondent no. 7 in the Department of B.Ed. of the College i.e. M.D.P.G. College, Pratapgarh."
3. Learned counsel for the respondent-University submits that petitioner has alternate remedy under Section 68 of the Uttar Pradesh State Universities Act to approach the Chancellor.
4. Learned counsel for the petitioner does not dispute the aforesaid fact, however, submits that the present matter is covered by the
judgment dated 23.04.2014 passed by this Court in Rama Kant Vs. State of U.P. and 6 others.
5. On a query being made to learned counsel for the petitioner as to how the writ petition would be maintainable, learned counsel for the petitioner submits that he may be permitted to approach the
Chancellor under Section 68 of the Uttar Pradesh State Universities Act and direction may be issued to consider the same in a time bound manner.
6. Learned counsel for the respondents have no objection.
7. In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner to approach the Chancellor within a period of ten days from today. If the petitioner approaches the Chancellor under Section 68 of the Uttar Pradesh State Universities Act, then the Chancellor is expected to consider the objections after hearing all the concerned parties and pass appropriate order expeditiously, preferably within a period of two months thereafter.
Order Date :- 30.4.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad