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2025 DAILYLAW 52440 (ALL)

DR. RAMCHET SINGH YADAV v. STATE OF U.P. AND 4 OTHERS

WRIA/6025/2025 · 2025-05-05

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71904 Court No. - 7 Case :- WRIT - A No. - 6025 of 2025 Petitioner :- Dr. Ramchet Singh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the competent respondent authority to appoint the petitioner as an Officiating Principal of the College in light of the Statue 13.20 of First Statues of the University since the petitioner is the senior most teacher and possessed all the academic qualifications as statutory required to be appoint as a regular Principal." 3. It is submitted by learned counsel for petitioner that the incumbent Principal of the institution has retired on 15.10.2023, thereafter, respondent no.5 was appointed as officiating Principal on 16.10.2023 uptill now. Learned counsel for petitioner submits that as per Statute 13.20 of First Statute of the University for three months Management is entitled for appointment of any person in the category of Lecturer as officiating Principal, however, beyond three months, senior most Lecturer is required to be appointed. Learned counsel for petitioner further submits that petitioner is senior most, however, respondent no.5 is appointed as officiating Principal. In this respect, petitioner has filed representation dated 12.2.2024 before the Manager of the institution, however till date, no order has been passed. Learned counsel for petitioner has relied upon the judgment of this Court passed in A.P. Singh (Dr.) Vs. State of U.P. and others (2001) 1 UPLBEC 638 to support his submission. 4. Learned Standing Counsel submits that representation of petitioner would be decided in a time bound manner. 5. Considering the facts and circumstances of the case, it is hereby provided that the respondent no.4 shall decide the representation dated 12.2.2024 filed by the petitioner in accordance with law, preferably within a period of one month from the date of production of a certified copy of the order. 6. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 6.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad