Allahabad High Court
NARENDRA KUMARversusState of UP AND ANOTHER
- Decided
Holding
The Court held that there is no need to keep the petitions pending and remitted the matter to the Director of Higher Education for verification, directing that the appointments be granted if no legal impediment is found.
Summary
The petitioners claimed they were appointed as Assistant Professors under a 2008 advertisement but could not join because earlier honorarium appointments led to writ petitions, which were resolved by a full bench in Dr. Archana Mishra v. State of U.P. (2018). The respondents suggested remitting the matter to the Director of Higher Education for verification of any legal impediment, and the petitioners consented. The Court found no need to keep the writ petitions pending and ordered that the matter be sent back to the Director for verification. If no legal impediment is found, the appointments should be granted; otherwise, the petitioners must be informed within three weeks. The same order applies to two related writ petitions filed earlier.
Issues considered
- Whether any legal impediment exists to granting the appointment of the petitioners as Assistant Professors in view of the earlier full bench decision in Dr. Archana Mishra case
- Whether the writ petitions should be continued or remitted to the appropriate authority for verification
Subjects
- appointment
- assistant professor
- writ petition
- higher education
- legal impediment
- remand
- full bench decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6468 of 2024
Narendra Kumar
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Irshad Ahmad
Counsel for Respondent(s) : C.S.C.
Along with
Writ A No. 18851 of 2019 and Writ A No. 5433 of 2024
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard S/Sri Irshad Ahmad, Anoop Baranwal, Naveen Kumar and Ms.
Saumya Mandhyan, learned advocates for petitioners and Sri Gagan
Mehta, learned counsel for respondents.
2. The petitioners in all writ petitions have claimed that they were
appointed in pursuance of an advertisement published in February, 2008
on the post of Assistant Professors, however, they were not able to join
since some Assistant Professors appointed on basis of honorarium have
filed various writ petitions before this Court which were disposed of in
terms of Reference answered by Full Bench in Dr. Archana Mishra and
others vs. State of U.P. and others, (2018) 10 ADJ 487. Earlier, there
was an interim order in favour of said appointees, therefore, presently it
appears that there is no legal impediment for petitioners to join.
3. Learned counsel for respondents, on instructions, submits that this
matter may be remitted back to concerned respondent so that after
verification and in case no legal impediment exists, claim of petitioners
for appointment will be considered.
4. Learned advocates for petitioners have no objection to aforesaid
proposal.
5. In aforesaid circumstances, there is no need to keep these petitions
WRIA No. 6468 of 2024
2
pending and these are disposed of with an observation that matter is
remitted back to Director of Higher Education, U.P., Prayagraj
(respondent-2) in case no legal impediment exists in granting appointment
to petitioners, it will be granted and in case of any legal impediment due
to any subsequent event, the same be informed to petitioners within three
weeks from today.
6. This order will govern in Writ A Nos. 18851/2019 and 5433/2024 also.
(Saurabh Shyam Shamshery,J.)
May 5, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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