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2078 DAILYLAW 1 (ALL)

AJIT SINGH v. UNION OF INDIA AND 2 OTHERS

WRIA/2078/2021 · 2026-05-11

Saurabh Shyam Shamshery

body2078

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 2078 of 2021 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ajit Singh, Petitioner-in-person and Sri Hem Pratap Singh, learned counsel for respondent- University. 2. Petitioner before this Court is a Professor in Department of Orthopaedics at B.H.U. Varanasi since 2011 and according to rotation policy being senior most, he is entitled to act as H.O.D. of said Department for a period of 3 years, however, by an order dated 22.12.2020, Vice Chancellor has directed that the Dean, Faculty of Modern Medicine, IMS shall act as HOD of Orthopaedics till further orders and said order is still in force. 3. Petitioner in person submits that now a fresh decision has to be taken for appointment of new H.O.D. and claim of petitioner may be considered in accordance with law. 4. Now question before this Court is that who will be appropriate Authority to take such a decision. It is informed by learned counsel for respondent- University that Executive Council of B.H.U. is in existence, however, it may take some time to conduct a meeting. Otherwise, Vice Chancellor is also competent authority to take a decision. 5. In view of above, this writ petition is disposed of with a direction to Versus Counsel for Petitioner(s) : Arvind Srivastava, Ashok Kumar Dubey, Abhishek Mishra, Alok Mishra, Ashwini Kumar Singh, Ravi Prakash Pandey, Sanjay Kumar Singh, Sharad Kumar Srivastava, Shiv Nath Singh Counsel for Respondent(s) : A.S.G.I., Gautam Baghel, Krishna Raj Singh Jadaun Ajit Singh .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) Vice Chancellor to take a fresh decision for appointment of HOD of Orthopaedics in terms of Statute 25(4)6 of Statute of University expeditiously, preferably within three weeks from today. 6. In case no decision is taken by Vice Chancellor, the Executive Council of B.H.U. shall take a decision strictly in accordance with law within four weeks thereafter. May 12, 2026 N. Sinha WRIA No. 2078 of 2021 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad