Mamta Gupta v. State of U.P. and Ors

Supreme Court of India · 12 Mar 2008
S.B. Sinha; P.P. Naolekar
CIVIL APPEAL NO. 2044 OF 2008
administrative appeal_allowed Significant

AI Summary

The Supreme Court allowed the appeal and remitted the writ petition for fresh consideration on merits regarding the failure of the Uttar Pradesh Higher Education Services Commission to fix selection criteria for lecturers as required by statute.

Full Text
Translation output
http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Appeal (civil) 2044 of 2008
PETITIONER:
MAMTA GUPTA
RESPONDENT:
STATE OF U.P. AND ORS
DATE OF
JUDGMENT
: 12/03/2008
BENCH:
S.B. SINHA & P.P. NAOLEKAR
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 2044 OF 2008
[Arising out of SLP(C) No.18342/2005]
Leave granted.
Having heard the learned counsel for the parties, we are of the opinion that one of the contentions raised in the writ petition before the High Court being that the Uttar
Pradesh Higher Education Services Commission should have fixed some criteria for selection of lecturers in terms of the provisions contained in the Uttar Pradesh Higher
Education Services Commission Act, 1980 and the regulations framed thereunder, we are of the opinion that the appellant has made out a prima facie case for hearing the writ petition on merit. In that view of the matter, the impugned judgment is set aside and the matter is remitted to the High Court for consideration of the writ petition afresh on merit.
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We would request the High Court to consider the desirability of disposing of the matter as expeditiously as possible.
The appeal is allowed with the aforementioned observations and direction. No costs.