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Allahabad High Court considers non-compliance of its order in professor appointment as contempt

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The Lucknow Bench of the Allahabad High Court has considered the non-compliance of its order to post a petitioner to the post of Assistant Professor in DAV College as contempt of its order.

A single-judge bench of Justice Manish Mathur passed this order while hearing a petition filed by Dr Neha Jain. In pursuance of directions issued on February 18, 2021, a Supplementary Affidavit has been filed on behalf of the opposite parties.

The Standing Counsel upon instructions submitted that the petitioner has been selected for the post of Assistant Professor in terms of the advertisement dated March 18, 2014, but she could not be appointed on the said post in the college for which the selection had been made and she was required to be adjusted in any other college.

The Court observed that the Supplementary Affidavit filed indicates that the matter with regard to petitioner’s adjustment in another college is under consideration of the state government and that adjustment of the petitioner would abide by the decision taken by the state government.

The petitioner has drawn attention of the court to the order dated February 18, 2021 passed in the petition in which following dictum of Supreme Court in the Case of UP Secondary Education Service Selection Board Vs. The State of UP & Ors, had issued specific direction that the petitioner shall be adjusted in DAV College, Lucknow in view of the recommendation made by the Director, Higher Education dated February 6, 2020 with promptness preferably within a period of two weeks, which shall be subject to final outcome of the petition.

The Court held it is evident that despite specific direction issued by the court way back in February, 2021, the opposite parties have not taken any steps to comply with it. Prima facie, the opposite parties are in contempt of directions issued by the court.

“As a last opportunity, the Director, Higher Education, UP, Prayagraj, is directed to ensure the positive compliance of the direction issued on February 18, 2021 within the next two weeks. In case, the compliance of the order dated February 18, 2021 is not affected by the next date of listing, the Director, Higher Education, UP, Prayagraj shall appear in person,” the Court ordered. The Court has fixed the next hearing on December 20, 2021.

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