The petitioners have sought the quashing of the order dated 9th December, 2009 passed by the Vice Chancellor of the University under the provisions of Section 2(13) of the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Act') disapproving the elections held by the petitioner-Committee of Management.
A preliminary objection has been raised by Sri Neeraj Tiwari, learned counsel appearing for the respondent-University and Sri Suneet Kumar, learned counsel appearing for respondent No. 4 that the petitioners have an efficacious alternative remedy of filing of a reference to the Chancellor of the University under Section 68 of the Act.
As a statutory alternative remedy is available to the petitioners, the Court declines to entertain this petition. The petitioners may file the reference to the Chancellor of the University and the Court has no reason to doubt that in case such a reference is filed, the Chancellor of the University shall decide the same expeditiously after hearing the parties concerned.
The writ petition is dismissed subject to the observations made above.
Order Date :- 6.1.2010 SK