Allahabad High Court
VINAY PRAKASH SINGHversusUNION OF INDIA AND 2 OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The order dated 05.05.2026 is set aside and the matter is remanded to the University for fresh consideration.
Summary
The petitioner, Vinay Prakash Singh, challenged an order dated 05.05.2026 issued by a University that rejected his claim without providing any reasons. He argued that the order suffered from a lack of application of mind and was inconsistent with the benefits granted to a similarly situated employee. The University contended that the matter was stale, relating to events in 2003 and 2010, but could not dispute the absence of reasoning in the order. The Court noted that the lack of reasons rendered the order vulnerable to quashing and, with the consent of both parties, allowed the petitioner to amend his prayer to include quashing of the order. Consequently, the Court set aside the impugned order and remanded the matter to the University to reconsider the petitioner's claim within two months. The writ petition was thereafter disposed.
Issues considered
- Whether the order dated 05.05.2026 can be quashed for non-application of mind due to lack of reasons
- Whether the writ petition may be disposed at the admission stage on the parties' consent
Subjects
- writ petition
- quashing order
- non-application of mind
- administrative law
- university
- remand
- fresh consideration
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15140 of 2026
Vinay Prakash Singh
.....Petitioner(s)
Versus
Union Of India And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prateek Singh, Sushil Kumar Shukla
Counsel for Respondent(s) : A.S.G.I., Diptiman Singh, Manish
Kumar
Court No. - 6
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Shri Prateek Singh, Advocate appearing on behalf of the
petitioner and Shri Diptiman Singh, Advocate appearing on behalf of
respondent nos. 2 and 3. Notice has been served upon learned counsel
appearing on behalf of Union of India, but no one is present.
2. The brief submission of learned counsel for the petitioner is that the
impugned order suffers from vice of non-application of mind, as the same
does not give any reasons for the rejection of the claim of the petitioner.
Learned counsel for the petitioner further submits that his claim is based
on parity with a similarly situated employee who was given certain
benefits, while the same was denied to the petitioner.
3. Though the learned counsel appearing on behalf of respondent-
University submits that the matter is stale and pertains to the year 2003
and 2010; but however he could not dispute that no reasoning has been
given in the impugned order and as such no counter affidavit may be
required, as the justification cannot be supplemented subsequently by way
of an affidavit. In view of the aforesaid, he has fairly submitted that the
University will grant fresh consideration to the issues raised by the
petitioner in his representation dated 27.07.2026, which he has submitted
in pursuance of a direction of this Court dated 11.12.2025.
4. However, at this stage learned counsel for the petitioner submits that
inadvertently a prayer has not been incorporated seeking quashing of the
impugned order dated 05.05.2026 and submits that he may be permitted
WRIA No. 15140 of 2026
2
to incorporate prayer No. (e) in the prayer clause seeking quashing of the
order dated 05.05.2026.
5. He is permitted to do so during the course of the day, as the learned
counsel for the respondent-University has no objection to the same.
6. In view of the aforesaid, no fruitful purpose would be served in keeping
the present writ petition pending and on the consent of the parties the writ
petition is being decided at the admissions stage itself, accordingly the
order dated 05.05.2026 passed by University is hereby set aside. The
matter is remanded back to the University to consider the claim of the
petitioner, in accordance with law, expeditiously, preferably within a
period of two months from the date of service of certified copy of this
order.
7. With the aforesaid observation/direction, writ petition stands disposed
off.
(Siddharth Nandan,J.)
September 29, 2026
S.Prakash
Digitally signed by :-
SHASHI PRAKASH
High Court of Judicature at Allahabad
Checking your session…