Court No. - 29 Case :- WRIT - A No. - 639 of 2010 Petitioner :- Dr. Mukesh Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Gautam Baghel,P.S. Baghel Respondent Counsel :- C.S.C.,Neeraj Tripathi,P.K. Ganguly Hon'ble Satya Poot Mehrotra,J.
Hon’ble Kashi Nath Pandey,J.
Connect with Writ Petition No. 373 of 2009
It is submitted by Sri P.S. Baghel assisted by Sri Gautam Baghel, learned
counsel for the petitioner that the petitioner was appointed on the post of
Assistant Director /Assistant Professor, Plant Breading in the month of
March, 2005, and since then he has been working on the said post . The
appointment of the petitioner has been cancelled by the respondent no. 2 on
the representation made by the respondent no. 5 on the ground that the
petitioner had not cleared NET Examination. It is submitted that in the
Advertisement (Annexure no. 1 to the writ petition) issued for the
appointment on the post of Assistant Director /Assistant Professor, Plant
Breeding, there was no requirement that the applicants should have cleared
NET Examination. In the Comments submitted on behalf of the respondent
nos. 3 and 4 (Annexure no. 5 to the writ petition) before the respondent no. 2,
no requirement of clearing NET Examination by the applicants has been
mentioned. It is submitted that the petitioner fulfilled all the requirements
mentioned in the Advertisement as well as in the aforesaid Commens, thus the
petitioner was rightly appointed on the said post.
Sri. Baghel has relied upon the decision of this Court in Dr. Ravindra
Kumar Vs. State of U.P. and others 2008(8) ADJ 484 (DB) (Paragraph 40).
The matter requires consideration.
Issue notice pending admission.
Notice on behalf of respondent no. 1 has been accepted by the learned
Standing Counsel.
Notice on behalf of respondent no. 2 has been accepted by Sri. Neeraj
Tripathi.
Notice on behalf of respondent no. 3 and 4 has been accepted by Sri. P.K.
Ganguly.
Notice will be issued to respondent no. 5 fixing the next date fixed in the
matter.
Counter affidavit on behalf of the respondents may be filed within three
weeks.
Rejoinder affidavit may be filed by the next date fixed in the matter.
List this case on 15.02.2010.
Heard on the question of grant of interim relief ,
Having regard to the facts of the case, and having considered the
submissions made by Sri. P.S. Baghel, learned Senior Counsel appearing for
the petitioner and also keeping in view the fact that the petitioner has been
working since March, 2005, it is provided that till the next date of listing, the
operation of the order dated 29.12.2009 (Annexure no. 7 to the writ petition)
passed by the respondent no. 2 in so far as it pertains to the petitioner will
remain stayed.
Order Date :- 8.1.2010
aks