Allahabad High Court
Dr. Manoj Garg vs State Of U.P. And 5 Others on 1 August, 2017
Bench: Ran Vijai Singh, Ifaqat Ali Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 32736 of 2017
Petitioner :- Dr. Manoj Garg
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Satyendra Nath Tripathi,Rajendra Prasad Dubey
Counsel for Respondent :- C.S.C.,Archana Singh
Hon'ble Ran Vijai Singh,J.
Hon'ble Ifaqat Ali Khan,J.
We have heard Sri Rajendra Prasad Dubey alongwith Sri Satyendra Nath Tripathi, learned counsel for the petitioner, learned Standing Counsel for the state-respondents, Smt. Archana Singh learned counsel appearing for respondent no.4 and Sri Neeraj Tiwari, learned counsel appearing for respondent no.7.
By means of this writ petition, the petitioner, who happens to be Associate Professor, has prayed for issuing a writ of mandamus commanding the respondent no.5 to issue certificate with regard to the teaching experience and teaching activities on the proforma as published in application of Advertisement No.48 of 2017 dated 09.06.2017 and to forward the application form of the petitioner to the respondent no.4 i.e. U.P. Higher Education Service Commission Allahabad as required in the advertisement dated 09.06.2017.
It is contended that the petitioner has filled up form pursuant to the aforesaid advertisement, but the proforma annexed alongwith form has to be forwarded by the Principal.
It is contended that Principal is not forwarding the proforma which is with respect to academic performance indicator (API), details of Lecturer (L), Seminar (S), Tutorial (T), Practical (P), Project supervision (PS) and Fieldwork (FW). It is submitted that petitioner has given all the details in the proforma annexed with the form that the Principal is not forwarding the same taking shelter of few allegations made against the petitioner with respect to which the petitioner has no knowledge. The contention is that the proforma annexed with the form is totally unconcerned with the reasons recorded by the Principal certificate dated 08.07.2017 (annexure 3 to the writ petition). The submission is that there was no requirement of certificate of the Principal.
Prima facie there appears to be some substance in the submissions of learned counsel for the petitioner.
Considering the same, without expressing any opinion on the merit of the matter, the writ petition is disposed of with the liberty to the petitioner to make representation before the Vice Chancellor of the University, in case such representation has not already been made to respondent no.7, the Vice Chancellor of Chatra Pati Sahu Ji Maharaj University, Kanpur. In case, the petitioner's representation is pending or fresh representation is filed, needful be done in accordance with law, by passing a reasoned speaking order, expeditiously but not later than two weeks from the date of receipt of certified copy of this order. In case, the Vice Chancellor finds that forwarding of proforma is unconcerned with the certificate which is not at all required, he may ensure that the form is forwarded by the Principal keeping in mind the last date which happens to be 31st August 2017. The respondent no.5 (the Principal of the college) is directed to provide the papers whichever is required by the University at the earliest possible time.
Order Date :- 1.8.2017
Swati
