HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 18088 of 2018 Court No. - 38 HON'BLE DONADI RAMESH, J. 1. Heard Shri Prabhakar Awasthi, learned counsel for the petitioner, Shri Nitin Chandra Mishra, learned counsel for the respondent-University and learned Standing Counsel for the State-respondents. 2. The present writ petition is filed questioning the order dated 09.07.2018 passed by the Director of Higher Education- respondent no.3 and consequential order dated 11.07.2018 passed by the Principal Secretary. 3. Learned counsel for the petitioner has submitted that whole controversy involved in the present writ petition is that initially the seventh-respondent- Committee of Management/ Institution has approached this Court in Writ Petition No.11102 of 2017. The said writ petition was disposed of with the following directions:- "Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents. With regard to their grievances, the petitioners have moved a representation to the Secretary, Higher Education, respondent no.1 on 13.03.2016 (Annexure-10 to the writ petition). By the said representation, the petitioners challenged appointment and continuance of respondent no.3 against the post which is said to have already been surrendered in the year 1977. Considering the facts and circumstances of the case, we dispose of this petition with a direction to the respondent no.1 to examine grievances of the petitioners as narrated in the representation, referred to above, in accordance to law, within a period of three Versus Counsel for Petitioner(s) : Ashok Khare, Sr.Advocate, Brahma Nand Tripathi, Chandra Bhan Gupta, Karunesh Pratap Singh, Prabhakar Awasthi Counsel for Respondent(s) : Amit Kumar Srivastava, Arpan Srivastava, Brajesh Datta Pandey(Senior Adv.), C.S.C., Mohd. Aqueel Khan, Nitin Chandra Mishra Dr. (Smt.) Reena Singh .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) months from the date of production of a certified copy of this order." 4. Surprisingly, instead of considering the grievance of the seventh- respondent by the second-respondent, the second-respondent has delegated the matter to the third-respondent and accordingly, the seventh-respondent has conducted an inquiry and submitted a report to the second-respondent vide order dated 09.07.2018 and the second-respondent based on the inquiry report has passed the order on 11.07.2018. The above said two orders are contrary to the orders passed by this Court. 5. In fact when the writ petition was disposed directing the second- respondent, who is the competent authority with regard to creation or deletion of the post, but surprisingly instead of conducting the inquiry by himself he has delegated the matter to the third-respondent and the third- respondent instead of conducting an inquiry with regard to post he has gone beyond by conducting an inquiry with regard to appointment of the petitioner and submitted a report to the second-respondent. The above said action is contrary to the order passed by this Court. 6. Considering the submissions and on perusal of report, this Court is not inclined to go into the merits of the case, as contended by learned counsel for the petitioner the above said two orders are contrary to the orders passed by this Court in Writ Petition No.11102 of 2017, accordingly those two orders dated 09.07.2018 and 11.07.2018 are set aside, remanding the matter to the second-respondent to conduct an inquiry with regard to post, particularly with regard to surrendering of the post by the seventh- respondent and whether the said surrender is approved or accepted by the second-respondent or not, consequently, the first-respondent may also consider the appointment of the petitioner. This exercise should be completed within a period of two months from today, after affording proper opportunity to the petitioner as well as to the seventh-respondent. 7. Accordingly, the present writ petition is disposed of. September 11, 2025 AdityaG WRIA No. 18088 of 2018 2 (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad