C.L. Khetrapal And Another vs Union Of India And 3 Others
2022 Latest Caselaw 20075 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 9308 of 2019
 

 
Petitioner :- C.L. Khetrapal And Another
 
Respondent :- Union Of India And 3 Others
 
Counsel for Petitioner :- Shailendra
 
Counsel for Respondent :- Indresh Dubey,Ashok Khare,Ishan Shishu,Neeraj Tripathi
 

 
Hon'ble Vikram D. Chauhan,J.

The present writ petition has been filed with the following prayer:-

"a. To, issue a writ order or direction in the nature of quo-warranto, declaring the post of Professor Career Advancement Scheme, department of Sanskrit, University of Allahabad vacant by removing respondent no.4 from the said office, being usurper of the office and being illegally appointed and is continuing even against the judgment of the Hon'ble Supreme Court in State of U.P. Vs. Deena Nath Shukla and others).

b. To, issue a writ order or direction in the nature of mandamus restraining the respondent no.4 from working as Professor Career Advancement Scheme, department of Sanskrit, University of Allahabad and take action against him like recovery of salary and other consequential benefits obtained, being illegally working in the University of Allahabad despite the judgment of the Hon'ble Supreme Court."

Sri Shailendra, learned Senior Advocate assisted by Sri Abhiuday Mehrotra, learned counsel for petitioner submits that during pendency of present writ petition, petitioner No.1 has expired and cause of action survive with reference to petitioner no.2 only. However, he further submits that with passage of time since private-respondent is retiring, as such, at this stage, petitioner may be permitted to withdraw the present writ petition with liberty to approach the respondent No.3-Vice Chancellor University of Allahabad, Allahabad, as petitioner No.2 has already filed a representation dated 18.1.2019 bringing to the notice of respondent No.3 that the selection in question has been cancelled by the Apex Court in State of U.P. Vs. Deena Nath Shukla and others reported in 1997 (9) SCC 662.

It is further submitted that since objection with regard to appointment of private-respondent is pending before respondent No.3, as such present writ petition may be permitted to be withdrawn with liberty to approach the respondent No.3-Vice Chancellor, University of Allahabad, Allahabad.

Learned counsel for University has no objection to the aforesaid prayer.

Under the circumstances, writ petition is permitted to be withdrawn with liberty to the petitioner No.2 to approach respondent No.3-Vice Chancellor, University of Allahabad, Allahabad for pressing his representation dated 18.1.2019.

It is expected that respondent No.3-Vice Chancellor, University of Allahabad, Allahabad may consider and decide the representation of petitioner No.2 expeditiously, if possible, within a period of two months from the date of production of a certified copy of this order, after hearing all the parties concerned.

Order Date :- 6.12.2022

D. Tamang