Allahabad High Court
Dr.(Smt.) Rita Sharma vs State Of U.P. And 4 Others on 12 July, 2017
Bench: Ran Vijai Singh, Ifaqat Ali Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 28503 of 2017
Petitioner :- Dr.(Smt.) Rita Sharma
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Kshitij Shailendra
Counsel for Respondent :- C.S.C.,Alok Mishra,Harsh Dwivedi,Jagdish Prasad Mishra,Mangla Prasad Rai
Hon'ble Ran Vijai Singh,J.
Hon'ble Ifaqat Ali Khan,J.
We have heard Sri Kshitij Shailendra, learned counsel for the petitioner, Sri Alok Mishra, learned counsel appearing for respondent No.5 and Sri Mangla Prasad Rai, learned counsel appearing for respondent Nos.2 and 3.
Learned counsel for the petitioner is permitted to implead Honorary Secretary/Manager Committee of Management Sanatan Dharm College, District Muzaffar Nagar as respondent No.6.
While assailing the impugned order dated 22.06.2017, learned counsel for the petitioner contended that in view of interim order dated 07.06.2017 passed by this Court in Writ-A No.26445 of 2017, Dr. (Smt.) Rita Sharma vs. State of U.P. Thru Secy. & 4 Others, the Honorary Secretary alone was not competent to pass the impugned order. In his submissions, the University as well as the Committee of Management itself ought to have taken into confidence before passing the impugned order. In his submission the Secretary has misconstrued the order of this Court that he has been empowered by the Court to pass the impugned order. He has also contended that for determining the Academic Performance Indicator (API), after the interim order of this Court on 07.06.2017, no Committee was constituted as required as per U.G.C. guidelines, copy of which has been brought on record as annexure 16 to the writ petition. In his submissions, since the petitioner is officiating principal prior to the commencement of newly amended qualification as provided in the amended statute as such the same could not be given retrospective effect and the same has to be applied looking to the date of initial appointment of the petitioner and not thereafter.
Refuting the submissions of learned counsel for the petitioner, learned Senior Counsel appearing for Committee Management submitted that the order impugned has been passed in the capacity of the Manager of Committee of Management only after following due procedure as per bye laws of the society and there is no infirmity in the same. In his further submission for appointing the Officiating Principal, the Committee of Management alone is competent with the intimation to the Vice Chancellor.
Matter requires scrutiny.
Issue notice.
Notice on behalf of respondent No.1 has been accepted by the office of learned Chief Standing Counsel whereas Sri Mangla Prasad Rai has accepted notice for respondents no. 2 and 3, Sri Harsh Dwivedi has, put in appearance on behalf of respondent No.4 and Alok Mishra has put in appearance on behalf of respondent no.5.
Learned Standing Counsel as well as learned counsel for the respondents pray for and are granted three weeks' time to file counter affidavit.
Rejoinder affidavit, if any, may be filed within a week thereafter.
List the matter after expiry of four weeks.
Order Date :- 12.7.2017
Swati
Case :- WRIT - A No. - 28503 of 2017
Petitioner :- Dr.(Smt.) Rita Sharma
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Kshitij Shailendra
Counsel for Respondent :- C.S.C.,Alok Mishra,Harsh Dwivedi,Jagdish Prasad Mishra,Mangla Prasad Rai
Hon'ble Ran Vijai Singh,J.
Hon'ble Ifaqat Ali Khan,J.
Civil Misc. Stay Application No. 197328 of 2017.
Issue notice.
The application for interim relief shall be considered after receipt of the counter affidavit.
Order Date :- 12.7.2017
Swati
