12 March 2008
Supreme Court
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MAMTA GUPTA Vs STATE OF U.P. .

Case number: C.A. No.-002044-002044 / 2008
Diary number: 18700 / 2005
Advocates: DINESH KUMAR GARG Vs R. C. KAUSHIK


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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.