Court No. - 5
Case :- WRIT - C No. - 38497 of 2018 Petitioner :- C/M Kashi Krishak Inter College And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Vijay Kumar Singh,Rajesh Kumar Singh,Sankalp Narain Counsel for Respondent :- C.S.C.,Ranjan Srivastava
Hon'ble Ajay Bhanot,J.
Heard Sri G. K. Singh, learned Senior Counsel assisted by Sri Rajesh Kumar Singh, learned counsel for the petitioners, Sri Ranjan Srivastava, learned counsel for the respondent no. 4 and learned Standing Counsel for the State-respondents.
The order assailed in the instant writ petition passed in exercise of powers conferred under Section 6 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act , 1971 (hereinafter referred to as the "Act").
Learned counsel for the respondents Sri Ranjan Srivastava raises a preliminary objection that the petitioners have an alternative remedy of filing an appeal under Section 7 of the Act.
Sri G. K. Singh, learned Senior Counsel assisted by Sri Rajesh Kumar Singh, learned counsel for the petitioners submits that the petitioners may not be remanded in alternative remedy. He relies upon a judgement rendered by this Court in the case of C/M Sahid Sansmaran Inter College and Others Vs. Deputy Director of Education, Varanasi and Others, reported at 1993 (91) ALJ 318.
The judgment passed by this Court does not in any way restrict the discretion vested in writ court by good authority of Hon'ble Supreme Court. Ultimately, the remand of matter to an alternative forum which in the opinion of the Court, is an efficacious remedy, is not restricted by the judgment passed by this Court in C/M Sahid Sansmaran Inter College (supra).
Sri G. K. Singh, learned Senior Counsel assisted by Sri Rajesh Kumar Singh, learned counsel for the petitioners further submits that there are certain exceptions wherein this Court can entertain the writ petition directly and decline to remand the matter to the alternative authority. The objection raised by learned Senior Counsel can also be raised before the appellate authority. There is no restriction on point of law or fact which can be canvassed before the appellate authority.
In such view of the matter, remedy of an appeal is an efficacious and alternative remedy. The writ petition is dismissed on the ground of existence of alternative remedy.
The writ petition is dismissed.
Order Date :- 29.11.2018 Dhananjai