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2025 DAILYLAW 46239 (ALL)

DR. NARENDER KUMAR SARSWAT v. STATE OF U P AND 4 OTHERS

WRIA/15777/2019 · 2025-03-02

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29395 Court No. - 10 Case :- WRIT - A No. - 15777 of 2019 Petitioner :- Dr. Narender Kumar Sarswat Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- Ajay Kumar Sharma,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Sri Alok Mishra, learned counsel for petitioner submits that claim of petitioner for absorption can now be considered by the Director, Higher Education, U.P. and for that petitioner will file a fresh representation within 3 weeks since legal impediment as mentioned in impugned order that respondent institution was a minority institution has now been removed as not only status of minority has been withdrawn but in terms of U.P. Education Service Selection Commission Act, 2023, the Director of Higher Education would be a competent authority to consider claim of petitioner even in case it is a minority institution. 2. Sri Ajay Kumar Sharma, learned counsel for respondent institution submits that challenge to withdrawal of status of minority institution is pending consideration. 3. Learned Standing Counsel submits that in case petitioner moves fresh application for his grievance, the same shall be considered/decided by concerned State- respondent and in case of any legal impediment, the same shall be communicated to petitioner. 4. Considering aforesaid submissions, this writ petition is disposed of with an observation that question of absorption is remitted to Director, Higher Education, U.P. to decide the same afresh without being influenced by impugned order after taking note of provisions of above referred Act of 2023 and in case, he finds any legal impediment in deciding above referred question, the same shall be communicated to rival parties. Order Date :- 3.3.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad