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2025 DAILYLAW 56481 (ALL)

RAJEEV DUBEY v. THE STATE OF UP AND 3 OTHERS

WRIA/6355/2025 · 2025-07-06

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107966 Court No. - 32 Case :- WRIT - A No. - 6355 of 2025 Petitioner :- Rajeev Dubey Respondent :- The State Of Up And 3 Others Counsel for Petitioner :- Shivendu Ojha,Sneh Pandey,Sr. Advocate Counsel for Respondent :- Adarsh Singh,C.S.C.,Indra Raj Singh,Shesh Kumar Srivastava Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking following main prayers:- "(a) To issue a writ order or direction in the nature of certiorari quashing the impugned order dated 10.03.2025 (Annexure-1 to the writ petition) passed by the Respondent No.3. (b) To issue a writ order or direction in the nature of Mandamus commanding the Respondent-University to clear the matter by giving an opportunity of hearing to the Petitioner and after summoning the record from the University and also verifying the educational qualifications/ mark sheets and certificates of the Petitioner to pass a fresh order for granting approval to the appointment of the Petitioner on the post of Assistant Lecturer (Darshan) and also release consequential benefits and other benefits from the date when other similarly situated Teachers are getting." 2. Learned Senior Counsel appearing on behalf of the petitioner submitted that the petitioner has duly moved an application for providing duplicate certificates to the University-respondent nos.2 and 3. 3. Learned Senior Counsel appearing on behalf of the petitioner submitted that the petitioner has already placed the entire educational certificates, which have been received by the competent authority i.e. University, but no order has been passed, yet. 4. It is further submitted that the petitioner may be allowed to move a detailed representation along with certificates which have been received by the petitioner to the Vice-Chancellor of the University and also prayed that the Vice-Chancellor of the University may be directed to pass an appropriate direction/detailed order after perusing the educational certificates submitted by the petitioner along with the representation, expeditiously. 5. Learned counsel appearing on behalf of the respondent- University submitted that in pursuance of direction of this Court, on previous occasion, he has received instructions from the University, the same has been placed before Court concerned. 6. Learned counsel appearing on behalf of the respondent- University vehemently opposed the writ petition on merits, but has not opposed the innocuous prayer as made by learned Senior Counsel appearing on behalf of the petitioner. 7. Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel appearing on behalf of the petitioner, Sri Jitendra Singh, learned Standing Counsel appeared on advance accepted notice on behalf of State-respondent no.1, Sri Shesh Kumar Srivastava, learned counsel appeared on advance accepted notice on behalf of respondent nos.2 and 3, Sri Indra Raj Singh, learned counsel appeared on advance accepted notice on behalf of respondent no.4, perused the contents made in the writ petition and the documents on record. 8. Without entering into merits of the case, I am inclined to allow the innocuous prayer as made by learned Senior Counsel appearing on behalf of the petitioner as no objection made on behalf of learned counsel appearing on behalf of the respondent-University. The petitioner is directed to file a representation along with the certificates received from the University within ten days. After receiving the said representation, the Vice-Chancellor, Sampurnand Sanskrit Vishwavidyalaya, Varanasi, respondent no.2 is directed to pass appropriate order without taking into comments of the impugned order dated 10.03.2025 passed by respondent no.3, in accordance with law after perusing the certificates submitted by the petitioner, expeditiously, preferably within a period of six weeks from the date of receiving of the said representation. 9. With the aforesaid directions/observations, the present writ petition is disposed of. (Chandra Dhari Singh, J.) Order Date :- 7.7.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad