Allahabad High Court
PROFESSOR MURAD ALIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The court cannot consider the challenge to the removals in the absence of the Executive Council's recorded decisions.
Summary
Professor Murad Ali, a sole professor in the Business Management department, challenged his removal as Head of Department and Dean, arguing that no other professor was available and that the appointments were on a rotational basis. The respondents, the State of U.P. and others, contended that the removals were based on decisions of the University Executive Council, but no such decisions were on record. The court held that without the Executive Council's decisions, it could not adjudicate the merits of the petition. Consequently, the writ petition was disposed of, with the court directing the petitioner to obtain the missing records from the respondents. The petitioner was advised that after obtaining the records, he may pursue further legal remedies.
Issues considered
- What is the appropriate procedure for challenging the removal of a university Head of Department and Dean when the underlying Executive Council decisions are not on record?
Subjects
- University appointments
- Head of Department
- Dean
- Executive Council
- Writ petition
- Procedural lapse
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 2677 of 2026
Professor Murad Ali
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Siddharth Khare, Sr. Advocate
Counsel for Respondent(s) : C.S.C., Vivek Kumar Singh
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard SriAshok Khare, learned Senior Counsel assisted by Sri Mohd.
Yasin, learned counsel for the petitioner and Sri Vivek Kumar Singh,
learned counsel for the respondents.
2. Petitioner is a sole Professor in the Department of Business
Management, therefore, he was discharging his duties as Head of the
Department also despite it being on rotational basis and similarly post of
Dean is also a post on rotational basis.
3. Learned Senior Counsel appearing on behalf of the petitioner submits
that in no circumstances since no other Professor is available in the
Department of Business Management, petitioner be removed from the
post of Head of the Department. Similarly, he was appointed as Dean,
however, before he concluded the requisite period, he was removed and
some other person was appointed. Learned Senior Counsel refers relevant
provisions as to how the appointment of Head of Department and Dean is
made.
4. Per Contra, learned counsel for the respondents submits that impugned
orders are passed on basis of a decision taken in the meeting of Executive
Council of the University, however, said decisions are not on record.
5. In the aforesaid Circumstances, Court is of view that in absence of
decisions taken by Executive Council, this Court cannot consider
challenge to the impugned orders, therefore, at this stage this writ petition
WRIA No. 2677 of 2026
2
is disposed of that if petitioner approaches concerned respondent, the said
respondent will provide decisions taken by the Executive Council and
subsequently petitioner will have liberty to take legal recourse as
available in accordance with law.
(Saurabh Shyam Shamshery,J.)
February 24, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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