Professor Shail Kumar Chaube vs Counsel for Petitioner(s)

3. Mr. J.K. Singh, learned Senior Counsel appearing on behalf of the petitioner submitted that the impugned order dated 26.06.2025 passed by Registrar of the University with the approval of the Vice Chancellor is in the teeth of the judgment and order passed by Division Bench of this Court in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube) vide order dated 24.04.2025. It is also submitted that the Division Bench of this Court has directed to respondent University to reinstate the petitioner on the post of Professor and further directed that the Executive Council may initiate the review of earlier order dated 07.06.2019 passed by this Court after following the procedure prescribed under the law.

4. It has also been brought in notice to this Court that the University has filed an application for extension of time for compliance of earlier order dated 24.04.2025 but the same has been rejected by the Division Bench of this Court vide order dated 28.05.2025. 2 WRIA No. 9334 of 2025

5. Mr. J.K. Singh, learned Senior Counsel appearing on behalf of the petitioner submits that petitioner has not been reinstated as per the letter and spirit of the judgment and order passed by the Division Bench has submitted that the petitioner has been again suspended by the Vice Chancellor taking into the power under Section 7C(5) of the Banaras Hindu University Act 1915. The said suspended order was passed by the Vice Chancellor without taking into consideration of the observations made by the Division Bench in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube) and also not taking into consideration the principles of natural justice and thus, it is contrary to the settled law.

6. Learned Senior Counsel appearing on behalf of the petitioner submits that by the impugned order petitioner was suspended from the service without taking into consideration of the judgment and order passed by the Division Bench of this Court/Single Judge vide order dated 12.03.2024 passed in Writ-A No. 15593 of 2019 (Shail Kumar Chaube Vs. Banaras Hindu University, Varanasi, and 4 others), the impugned order may be set aside to the extent by which the petitioner was suspended.

7. Per contra, Sri Ajeet Kumar Singh, learned Senior Counsel appearing on behalf of respondent-University vehemently opposed the arguments and submissions made by learned Senior Counsel appearing on behalf of the petitioner and has submitted that there is no force in the argument of the learned Senior Counsel appearing on behalf of the petitioner that the impugned order was passed in the teeth of the Division Bench judgment. It is referred to paragraphs 18 and 19 of the Division Bench judgment and submitted that Division Bench while passing the judgment and order in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube) has also directed to the University to proceed in accordance with law and decide the matter afresh.

8. It has also been held by the Division Bench that the University Council has power to review under Rule 37 of Ordiances at Banaras Hindu University.

9. Learned Senior Counsel on behalf of the respondents submitted that there is no violation of the judgments of the Division Bench and Single Judge while passing the impugned order.

10. After some arguments Sri Ajeet Kumar Singh, learned Senior Counsel appearing on behalf of respondent- University has submitted that the Executive Council has already been constituted vide letter dated 23.07.2025 passed by Secretary to the Government of India. The letter dated 23.07.2025 placed before this Court is taken on record.

11. Sri Ajeet Kumar Singh, learned Senior Counsel appearing on behalf of respondent- University submitted that Executive Council has already been constituted and the entire matter will be placed before the Executive Council for taking afresh 3 WRIA No. 9334 of 2025 decision.

12. At this juncture, learned Senior Counsel appearing on behalf of the petitioner submitted and prayed that since the Executive Council has been constituted vide order dated 23.07.2025 as submitted by the learned Senior Counsel appearing on behalf of the respondents, the writ petition may be disposed of with the direction that the entire matter may be referred to the Executive Council, who pass an order taking into consideration and observation made by the the Division Bench judgment of this Court in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube) expeditiously.

13. It is also submitted that since the impugned order dated 26.06.2025 passed by Registrar of the University with the approval of the Vice Chancellor may also be set aside as the order impugned passed not in accordance with observations made by the Division Bench judgment of this Court in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube).

14. Learned counsel for the respondent-University has no objection on the submissions and prayer made by the learned counsel for the petitioner.

15. Taking into consideration of above-said discussions and observations made in forgoing paragraphs, the impugned order dated 26.06.2025 passed by Registrar of the University with the approval of Vice Chancellor is set aside to the extent to the suspension of the petitioner. The respondent-University is directed to place the entire material regarding the suspension of the petitioner before the Executive Council within two weeks from the date of production of certified copy of this order. Thereafter, the Executive Council is directed to pass appropriate and reasoned order after giving opportunity of hearing to the petitioner, expeditiously.

16. In view of above directions, the writ petition is disposed of. September 16, 2025 Imtiyaz (Chandra Dhari Singh,J.) IMTIYAZ AHMAD IMTIYAZ AHMAD IMTIYAZ AHMAD High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad

3. Mr. J.K. Singh, learned Senior Counsel appearing on behalf of the petitioner submitted that the impugned order dated 26.06.2025 passed by Registrar of the University with the approval of the Vice Chancellor is in the teeth of the judgment and order passed by Division Bench of this Court in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube) vide order dated 24.04.2025. It is also submitted that the Division Bench of this Court has directed to respondent University to reinstate the petitioner on the post of Professor and further directed that the Executive Council may initiate the review of earlier order dated 07.06.2019 passed by this Court after following the procedure prescribed under the law.

4. It has also been brought in notice to this Court that the University has filed an application for extension of time for compliance of earlier order dated 24.04.2025 but the same has been rejected by the Division Bench of this Court vide order dated 28.05.2025. 2 WRIA No. 9334 of 2025

5. Mr. J.K. Singh, learned Senior Counsel appearing on behalf of the petitioner submits that petitioner has not been reinstated as per the letter and spirit of the judgment and order passed by the Division Bench has submitted that the petitioner has been again suspended by the Vice Chancellor taking into the power under Section 7C(5) of the Banaras Hindu University Act 1915. The said suspended order was passed by the Vice Chancellor without taking into consideration of the observations made by the Division Bench in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube) and also not taking into consideration the principles of natural justice and thus, it is contrary to the settled law.

6. Learned Senior Counsel appearing on behalf of the petitioner submits that by the impugned order petitioner was suspended from the service without taking into consideration of the judgment and order passed by the Division Bench of this Court/Single Judge vide order dated 12.03.2024 passed in Writ-A No. 15593 of 2019 (Shail Kumar Chaube Vs. Banaras Hindu University, Varanasi, and 4 others), the impugned order may be set aside to the extent by which the petitioner was suspended.

7. Per contra, Sri Ajeet Kumar Singh, learned Senior Counsel appearing on behalf of respondent-University vehemently opposed the arguments and submissions made by learned Senior Counsel appearing on behalf of the petitioner and has submitted that there is no force in the argument of the learned Senior Counsel appearing on behalf of the petitioner that the impugned order was passed in the teeth of the Division Bench judgment. It is referred to paragraphs 18 and 19 of the Division Bench judgment and submitted that Division Bench while passing the judgment and order in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube) has also directed to the University to proceed in accordance with law and decide the matter afresh.

8. It has also been held by the Division Bench that the University Council has power to review under Rule 37 of Ordiances at Banaras Hindu University.

9. Learned Senior Counsel on behalf of the respondents submitted that there is no violation of the judgments of the Division Bench and Single Judge while passing the impugned order.

10. After some arguments Sri Ajeet Kumar Singh, learned Senior Counsel appearing on behalf of respondent- University has submitted that the Executive Council has already been constituted vide letter dated 23.07.2025 passed by Secretary to the Government of India. The letter dated 23.07.2025 placed before this Court is taken on record.

11. Sri Ajeet Kumar Singh, learned Senior Counsel appearing on behalf of respondent- University submitted that Executive Council has already been constituted and the entire matter will be placed before the Executive Council for taking afresh 3 WRIA No. 9334 of 2025 decision.

12. At this juncture, learned Senior Counsel appearing on behalf of the petitioner submitted and prayed that since the Executive Council has been constituted vide order dated 23.07.2025 as submitted by the learned Senior Counsel appearing on behalf of the respondents, the writ petition may be disposed of with the direction that the entire matter may be referred to the Executive Council, who pass an order taking into consideration and observation made by the the Division Bench judgment of this Court in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube) expeditiously.

13. It is also submitted that since the impugned order dated 26.06.2025 passed by Registrar of the University with the approval of the Vice Chancellor may also be set aside as the order impugned passed not in accordance with observations made by the Division Bench judgment of this Court in Special Appeal no.958 of 2024 (Banaras Hindu University Varanasi and 4 others Vs. Shail Kumar Chaube).

14. Learned counsel for the respondent-University has no objection on the submissions and prayer made by the learned counsel for the petitioner.

15. Taking into consideration of above-said discussions and observations made in forgoing paragraphs, the impugned order dated 26.06.2025 passed by Registrar of the University with the approval of Vice Chancellor is set aside to the extent to the suspension of the petitioner. The respondent-University is directed to place the entire material regarding the suspension of the petitioner before the Executive Council within two weeks from the date of production of certified copy of this order. Thereafter, the Executive Council is directed to pass appropriate and reasoned order after giving opportunity of hearing to the petitioner, expeditiously.

16. In view of above directions, the writ petition is disposed of. September 16, 2025 Imtiyaz (Chandra Dhari Singh,J.) IMTIYAZ AHMAD IMTIYAZ AHMAD IMTIYAZ AHMAD High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad