Sudhanshudhar Dwivedi vs Union Of India And 8 Others
2021 Latest Caselaw 10505 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 3379 of 2021
 

 
Petitioner :- Sudhanshudhar Dwivedi
 
Respondent :- Union Of India And 8 Others
 
Counsel for Petitioner :- Arun Kumar Tripathi
 
Counsel for Respondent :- A.S.G.I.,Dhananjay Awasthi,Kshitij Shailendra,Siddharth Nandan
 

 
Hon'ble Ashwani Kumar Mishra,J.

Heard Sri Anil Tiwari, learned Senior Counsel assisted by Sri Arun Kumar Tripathi for the petitioner, Sri Siddharth Nandan for the respondent University and Sri Sanjiv Singh alongwith Sri Suresh Bahadur Singh has appeared for the private respondents.

This petition challenges continuance of respondent nos. 7, 8 & 9 on the post of Associate Professor & Professor in the Department of Hindi and Modern Indian Languages of University of Allahabad. Prayer in the nature of quo warranto is sought for declaring the aforesaid office to be vacant and for the authorities to make a fresh appointment on the post.

At the very outset, a preliminary objection is taken to the maintainability of the writ petition. Reliance is placed upon a Division Bench Judgment of this Court in Neetu Singh Vs. State of U.P. and others reported in 2019 (10) ADJ 468. It is contended that a writ of quo warranto would not lie against a teacher engaged in the University. Reliance is also placed upon another Division Bench Judgment of this Court in Kundan Singh Vs. The State of U.P. and others, Special Appeal Defective No. 520 of 2019.

Sri Anil Tiwari, learned Senior Counsel for the petitioner in his usual fairness does not dispute the legal proposition settled in the above two judgments.

In view of what has already been decided by the Division Bench in Neetu Singh (supra), the present petition for a writ of quo warranto would clearly not be maintainable.

The writ petition, accordingly, is dismissed.

Order Date :- 17.8.2021

Ranjeet Sahu