Court No. - 49
Case :- WRIT - C No. - 13518 of 2019
Petitioner :- Smt. Anju Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- R.P.S. Chauhan,Pankaj Kumar Mishra
Counsel for Respondent :- C.S.C.,Dheeraj Singh (Bohra),Krishan Pahal
Hon'ble Ajit Kumar,J.
Heard Sri R.P.S. Chauhan, learned counsel for the petitioner, Sri Ashok Khare, learned Senior Counsel assisted by Sri Dheeraj Singh (Bohra) for the respondent and Sri Krishan Pahal for the respondent University.
At the very outset a preliminary objection has been raised by Sri Ashok Khare, learned Senior Advocate that the petitioner has an efficacious and effective alternative remedy of reference under Section 68 of the U.P. State Universities Act, 1973 and in support of his contention learned Senior Counsel has relied upon the judgments of this Court in the Case of C/M Raja Balwant Singh College and 2 others Vs. State of U.P. and 6 others 2016 (2) ADJ 72 and in the case of Committee of Management Dharam Samaj Society Inter College and Sanskrit Pathshala and Another Vs. State of U.P. and others 2013 (4) AWC 3516.
Upon the query being made to the learned counsel for the petitioner about the alternative remedy available, the counsel for the petitioner only contends that his objections have not been considered.
From the perusal of the records it transpires that approval has been granted to the election of the committee of management on the basis of the report of the observer appointed by the University. Whether the elections have been held in accordance with the procedure prescribed or not such issue can be decided only after verifying the facts and needed findings thereon.
In the considered opinion of the Court the petitioner has an efficacious alternative remedy to approach the Chancellor in this regard taking recourse to Section 68 of the Act, 1973.
The writ petition is accordingly disposed of with a direction that in the event the petitioner approaches the Chancellor within the period of three weeks from today raising reference in the matter of election in question, the same may be decided in accordance with law, within a period of three months after putting notice to the parties concerned and after giving full opportunity of hearing to the parties.
Order Date :- 26.4.2019 Nadeem Ahmad