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2025 DAILYLAW 60339 (ALL)

MRITYUNJAY SHARMA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIA/7116/2025 · 2025-05-20

Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85446 Court No. - 7 Case :- WRIT - A No. - 7116 of 2025 Petitioner :- Mrityunjay Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Shekhar Singh,Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Gagan Mehta Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State Respondent Nos. 1 and 3 and Sri Baleshwar Chaturvedi, appearing for Respondent Nos. 2 and 4. 2. This petition has been filed seeking the following relief: (i) Issue a writ, order or direction in the nature of mandamus directing the Director of Higher Education to absorb/appoint the petitioners on the post of Associate Professor (Botany) in different colleges where the posts of Associate Professor (Botany) are lying vacant. (ii) Issue a writ, order or direction in the nature of mandamus directing the Director of Higher Education to pass the appropriate order regarding absorption of the petitioners on the post of Associate Professor (Botany) who are lying vacant in different aided Graduate and Post Graduate Colleges. 3. The sole contention of learned counsel for the petitioners is that the petitioners have jointly moved a representation before the Secretary of the U.P. Education Service Commission, Prayagraj and the same be decided. 4. Learned counsel appearing for the respondents have, however, stated that it is the Director of Higher Education, U.P., Prayagraj/Respondent No.3 who would decide any representation that may be filed by the petitioners. 5. Having considered the facts of the case, it appears that a decision should first be taken by the competent authority on the representations filed by the petitioners.Since, as jointly pointed out by the counsel for the parties, it is the Director of Higher Education, U.P., Prayagraj who will take the decisions in the case of the petitioners, the following order is being passed:- (a) The petitioners shall separately file representations before the Respondent No.3 i.e. Director of Higher Education, U.P. Prayagraj. (b) If such applications are filed within a period of ten days from today, the Director is directed to decide the aforesaid representations within a period of a month thereafter. 6. It is made clear that this court has not considered the merits of the case of either of the petitioners. 7. Subject to the aforesaid observations, this petition stands disposed of. Order Date :- 21.5.2025 Kumar Manish (Jayant Banerji,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad