Bhanu Prakash Srivastava vs State Of U.P. And 3 Others
2023 Latest Caselaw 23032 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:170411
 
Court No. - 35
 
Case :- WRIT - A No. - 12210 of 2023
 
Petitioner :- Bhanu Prakash Srivastava
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Manish Singh,Sushma Singh
 
Counsel for Respondent :- C.S.C.,A1296,Ajal Krishna,Ashish Kumar Srivastava,Rohit Pandey,Sheetla Prasad
 

 
Hon'ble Vikas Budhwar,J.

Sri Manish Singh, learned counsel for the writ petitioner has relied upon the document dated 13th February, 2019 of Dr. A.P.J. Abdul Kalam Technical University, Uttar Pradesh, while referring to the Clause 6.18A that prior approval for the University shall be taken by the affiliated colleges before dismissing or relieving any teacher from the institution. He seeks to rely upon the said document in order to meet with the contingency, which might arise in the wake of the judgment in the case of Sant Mary's Educational Society and Others vs. Rajendra Prasad Bhargava and Others, 2013 (4) SCC 498, whereby statutory flavour is needed to make the writ petition maintainable against the private institution.

On a specific query being made to the learned counsel for the writ petitioner, as to whether there is any pleading or document to the said effect, the learned counsel for the writ petitioner could not place any averment or document in that regard.

Confronted with the said situation, learned counsel for the writ petitioner seeks to withdraw the writ petition with liberty to file fresh.

Learned counsel for the respondents have no objection to the same.

The writ petition is dismissed as withdrawn with a liberty to file fresh writ petition with better particulars.

Order Date :- 23.8.2023 / S Rawat