High Court · 2025 on 01 Aug 2025

Judgment

1. Heard learned counsel for the applicant.

2. The instant contempt application has been filed by the applicant alleging disobedience of the order dated 17.05.2023 passed by the writ Court in Writ-A No. 3607 of 2023.

3. On 30.07.2025, following order was passed:- "1. Vakalatnama filed by Shri Atul Kumar Dwivedi, Advocate on behalf of respondent no. 2 is taken on record. Supplementary rejoinder affidavit filed by the learned counsel for the applicant to the supplementary counter affidavit of respondent no. 2 is also taken on record.

2. On 17.07.2025, following order was passed.

1. Heard learned counsel for the applicant and learned counsel for the respondent.

2. Learned counsel for the applicant submits that Screening Committee/Selection Committee recommended the name of the applicant on 6.9.2022 for the pay scale of Rs.1,44,200 - 2,18,200/- for the post of Principal, which was duly signed by Professor Anuradha Tiwari - Director Higher Education/Nominated Member, Professor Sudhanshu Sinha - Principal, D.A.V. P.G. College, Lucknow, Professor Prem Suman Sharma - Lucknow University and Professor Rashmi Kumar - Lucknow University recommended the name of the applicant but the aforesaid report was not forwarded by the Manager of Management Committee of the college to the Director, Higher Education, then applicant preferred Writ A No.3607 of 2023 which was disposed of on 17.5.2023 giving liberty to the applicant to file a fresh application before the Director, Higher Education, U.P. Prayagraj who shall consider the same and pass an order in accordance with the law within a period of two months from the date of submission of the fresh application. The order dated 17.5.2023 passed by the writ court in Writ A No.3607 of 2023 reads as under :- 2 Heard learned counsel for the petitioner, learned Standing Counsel for respondent-State and Shri Anurag Kumar Singh, learned counsel for respondent no. 3. The present petition has been filed with the following main relief: "1. Issue a writ order or direction in the nature of mandamus commanding/directing the Director of Higher Education Prayagraj to consider the claim of the petitioner and to grant the promotion to the petitioner on the post of Professor (Level 14) after calling his record from the principal of D.A.V. Degree College Lucknow and to provide the salary for the post of Professor as provided under regulation 2018.

2. Issue a writ order or direction in the nature of mandamus commanding/directing the Director of Higher Education Prayagraj to decide the representation dated 29.3.2023." Considering the fact that the petitioner has already approached the respondent no. 2 and the matter is pending before him, the present petition is disposed off giving permission to the petitioner to file a fresh application before respondent no.2 who shall consider the same and pass an order in accordance with law within a period of two months from the date of submission of the fresh application.

3. Learned counsel for the applicant further submits after issuance of notice dated

4.10.2023 in present contempt incorrect report dated 20.10.2023 was forwarded by Sri Manmohan Tiwari, Secretary/Manager of the college in question/respondent no.2 mentioning the report of Screening Committee dated

6.9.2023 and also made several allegations on the basis of anonymous complaint against the applicant. The allegations are the concocted and fabricated or created by the Committee of Management only to deprive him to give the benefit, which was recommended by the Screening Committee on 6.9.2022.

4. It is evident from the record produced before this Court that no Screening Committee/Selection Committee report dated 6.9.2023 is available, and the record also reveals that there is a report of committee dated 6.9.2022 signed by Professor Anuradha Tiwari - Director Higher Education/Nominated Member, Professor Sudhanshu Sinha - Principal, D.A.V. P.G. College, Lucknow, Professor Prem Suman Sharma - Lucknow University and Professor Rashmi Kumar - Lucknow University. Aforesaid report categorically reveals that name of the applicant was recommended for the post of Professor in the pay scale of Rs.1,44,200-2,18,000/-. The report of the Screening Committee dated 6.9.2022 reads as under :- 3 4 5

5. Learned counsel for the applicant submits that order of the writ court was not being complied with then present contempt application is filed, in which, reply to the contempt application was filed annexing the report dated 20.10.2023 forwarded by Secretary/Manager, D.A.V. P.G. College, Lucknow and reference of Screening Committee dated 6.9.2023 is mentioned but no screening committee report dated 6.9.2023 is available in the record. The report dated 20.10.2023 issued by the respondent no.2 is reproduced as under :-

6. Learned counsel for the applicant further submits that on the basis of report dated 20.10.2023 claim of the applicant is rejected by the Director, Higher Education, U.P. without considering the recommendation dated 6.9.2022 of the 6 Screening Committee, which was headed by the then Director, Higher Education, U.P. who was a nominated member.

7. Learned counsel for the respondent no.2 filed affidavit and conceded this fact that no Screening Committee was conducted on 6.9.2023 which was mentioned in the report dated 20.10.2023 and he does not dispute this fact that in the Screening Committee, which was conducted on 6.9.2022, the name of the applicant was recommended. He further submits that one anonymous complaint was forwarded to the Committee of Management dated 19.11.2021 from the side of the all the students and teachers of D.A.V. P.G. College, Lucknow but the address of the complainant is not mentioned in the alleged complaint. He also submits that inquiry in pursuance of the aforesaid complaint was going on and this fact was also apprised to the Director, Higher Education, U.P., Prayagraj that inquiry in pursuance of the aforesaid complaint is pending against the applicant and inquiry was initiated after receiving of the aforesaid complaint. He also admitted that members of the screening committee were aware about the said complaint. The complaint dated 19.11.2021 is reproduced as under :- 7

8. Considering the contents of the affidavit filed by the respondent no.2 and going through the original record placed before this Court, it is evident that in pursuance of the directions of this Court, a report was asked by Director, Higher Education, U.P., Prayagraj from the Committee of Management and a report dated

20.10.2023 was forwarded by the respondent no.2, in which, wrong date of Screening Committee was mentioned as '6.9.2023' in place of '6.9.2022' and the screening committee report was also not forwarded to the Director, Higher Education, U.P., Prayagraj, therefore, the affidavit of compliance filed by the respondent no.1 is hereby rejected.

9. It is evident from the record that respondent no.2 made incorrect fact in the report, which is forwarded to the Director, Higher Education, U.P., Prayagraj, therefore, on the next date, charge will be framed against him.

10. List this case on 30.7.2025.

11. Learned counsel for the applicant is permitted to implead 'Mr. Amit Bhardwaj, Director, Higher Education, U.P., Prayagraj, as respondent no.4, forthwith.

12. In the meantime, respondent no.4 is directed to file fresh affidavit of compliance considering the report of Screening Committee dated 6.9.2022, failing which, respondent no.4 as well as respondent no.2 shall appear before this Court for the purposes of framing of charge.

13. Original record placed before this Court be returned back to the learned counsel for the respondent no.2."

3. Affidavit of compliance filed by Shri Shailendra Singh, learned Chief Standing Counsel duly signed by Dr. Amit Bhardwaj, Director, Higher Education, Prayagraj is taken on record.

4. Shri Atul Kumar Dwivedi, learned counsel for respondent no. 2 also files application for discharge of contempt notice duly sworn by respondent no. 2-Mr. Manmohan Tiwari, Manager, D.A.V. College, Lucknow, which is taken on record. It is admitted by respondent no. 2 that earlier complete record including the Screening Committee report dated 6th September, 2022 was not forwarded to the Director, Higher Education, Prayagraj. It is further submitted that all the relevant record has already been forwarded to the Director, Higher Education, Prayagraj along with letter dated 25.07.2025 through registered post. Copy of the affidavit of respondent no. 2 is also provided to learned Chief Standing Counsel. 8

5. On the request of Shri Shailendra Singh, learned Chief Standing Counsel, list this case on 01.08.2025 at 11.30 a.m.

6. On the next date, respondent no. 2 shall appear before this Court. Respondent no. 1-Director, Higher Education, Prayagraj as well as respondent no. 2-Manager, D.A.V. College, Lucknow shall ensure the production of complete record related to the dispute in question.

7. It is also open to respondent no. 1 to revisit his earlier decision on the basis of recommendation of the Screening Committee dated 06.09.2022, which has been forwarded by the respondent no. 2 vide letter dated 25.07.2025."

4. Sri Aniruddh Singh, learned Standing Counsel appearing for respondent no.1 has placed relevant record before this Court and has submitted that Screening Committee Report dated 06.09.2022 along with enclosures containing 513 pages was forwarded by the Manager of the College, which was received in his office on 28.07.2025 and the decision was taken on 29.07.2025 in compliance of directions of the writ Court in the light of Screening Committee Report dated

06.09.2022 and the benefit is extended. The noting of the file at page no.9 of the record is as under:- 9 The formal order issued by Mr. Pradeep Kumar, Finance Controller, Higher Education, Prayagraj on 29.07.2025 is as under:- 10

5. The record produced by Sri Aniruddha Singh reveals that certain backdated correspondence is sent to the Director by the Manager, those were never placed before this Court. The record also reveals that the benefit in terms of the directions of the writ Court as recommended by the Screening Committee is extended to the applicant-petitioner.

6. Keeping in view the aforesaid facts and circumstances, the instant contempt application is disposed of.

7. In case the benefit given by the Finance Controller, Higher Eduction is not credited in the account of the applicant, it is open to the applicant to move recall application.

8. The original record is returned to Sri Aniruddha Singh, learned Standing Counsel. Order Date :- 01.08.2025 Arpan ARPAN High Court of Judicature at Allahabad, Lucknow Bench