Allahabad High Court
Dr. Ritu Raj Chaudhary vs Shri Franklin Khobung Director ... on 7 May, 2022
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- CONTEMPT APPLICATION (CIVIL) No. - 563 of 2018
Applicant :- Dr. Ritu Raj Chaudhary
Opposite Party :- Shri Franklin Khobung Director Ministry Of Ayush And Anr.
Counsel for Applicant :- Praveen Kumar Singh
Counsel for Opposite Party :- Devak Vardhan,Savitra Vardhan Singh,Sharad Nandan Ojha,Shreeprakash Singh
Hon'ble Alok Mathur,J.
1. No one appears for the applicant.
2. Sri Dheeraj Awasthi, Advocate holding brief of Sri Devak Vardhan, learned counsel for the opposite party no.2 as well as Sri Savitra Vardhan Singh, learned counsel for the opposite party no.1-Lucknow University.
3. It has been submitted that this Court had extended the interim protection to the applicant which was available to the petitioner of Writ Petition No.27213 (M/B) of 2016 by means of its order dated 01.03.2017 passed in Writ Petition No.4571 (M/B) of 2017. By means of the aforesaid interim order, the petitioners were permitted to attend the meeting of the Central Council as members and shall be entitled to perform all functions associated therewith, till fresh elections are held, provided they are otherwise as such.
4. Alleging non-compliance of the aforesaid directions, the present contempt petition was preferred.
5. An affidavit for discharge of the contempt notices has been filed by Franklin L. Khobung, Director, Ministry of AYUSH, B-Block, GPO Complex, Ayush Bhawan, INA, New Delhi, wherein, it has been stated that the interim order was granted by this Court taking into consideration that similar orders have been passed by various other High Courts. In this regard, counsel for the opposite parties has submitted that interim orders passed by various High Courts have been stayed by the Supreme Court and also annexed a copy of the order dated 09.05.2017 passed in SLP (C) No.9960 of 2017, where the judgment of 08.12.2016 passed in Writ Petition No.19001 of 2016 was passed by the High Court of Madhya Pradesh, Jabalpur. Apart from the aforesaid facts, it has been stated that election of the University representative to the CCIM has been conducted on 21.01.2015 in the meeting of the Faculty Board of Ayurveda and Dr. AKhilesh Kumar Garg, Dean/Principal, Faculty of Ayurveda, State Ayurveda College and Hospital, University of Lucknow has unanimously elected to be included as one of the members to CCIM. It has further been stated that Prof. A.K. Garg was appointed as a successor of the applicant by the Government Order dated 17.12.2014 in view of the fact that the applicant was suspended and removed from the faculty could not represent the University. It has further been stated that the applicant had represented the University in CCIM only till the time, she is the member of the faculty of Ayurvedic in the University. The applicant was suspended by U.P. Government on 12.12.2014 and removed from the faculty of Ayurveda and the University has elected Mr. A.K. Garg from faculty of Ayurveda of the University in her place whose tenure was also for the remaining period upto 13.10.2016, which has already expired.
6. In light of the aforesaid facts, it is clear that in the circumstances of the case, the applicant could not have represented the University as the CCIM considering that she had been suspended and secondly Dr. A.K. Garg has already been appointed to represent the University.
7. In light of the aforesaid, the present contempt petition is dismissed.
Order Date:-07.05.2022
Ashutosh
(Alok Mathur, J.)
