Hon'ble Rajesh Chandra,J.
This is petitioner's Special Appeal directed against judgment and order of the Hon'ble Single Justice dated 22.05.2010 passed in Civil Misc. Writ Petition No. 25966 of 2010. The writ petition was directed against an order of the Vice Chancellor of the Sampurnanand Sanskrit Vishwavidyalaya, Varanasi dated 23.04.2010 whereunder the Vice Chancellor recognised the Committee of Management headed by Ram Chandra Pandey as the lawful Committee of Management of the institution namely, Shri Ram Dev Sanskrit Mahavidyalaya, Bareri, District Jaunpur in exercise of powers under Section 2(13) of the State Universities Act.
The Hon'ble Single Judge disposed of the writ petition at the admission stage by providing that the petitioner may file a representation before the Vice Chancellor at the first instance in respect of his being the lawful Manager of the institution. The Vice Chancellor in turn was directed to decide the same after affording opportunity of hearing to the parties including respondent no. 7, within 8 weeks of the filing of the representation. The writ Court further provided that the order of the Vice Chancellor impugned in the writ petition shall abide by the orders to be passed by the Vice Chancellor of the University. The present Special Appeal has been filed on the allegation that since the order impugned in the writ petition had been passed in violation of principles of natural justice, the writ Court should have quashed the same and should have then directed reconsideration of the matter.
We have heard Shri P.S. Baghel, Senior Advocate assisted by Shri R.C.Tewari, Advocate on behalf of the petitioner and Shri R.K.Ojha, Advocate on behalf of respondent no. 7. In the facts and circumstances of the case we are of the considered opinion that the order of the Hon'ble Single Judge requiring the Vice Chancellor to reconsider the matter on a representation being made by the petitioner cannot be faulted with. The Hon'ble Single Judge has taken care to provide that the order impugned shall abide by the orders to be passed by the Vice Chancellor on the representation to be made by the petitioner. There is no such legal error in the order of the Hon'ble Single Judge which may warrant any interference by the Division Bench in exercise of powers under Chapter VIII Rule 5 of the Allahabad High Court's Rule.
However in the facts and circumstances of the case it is provided that on the representation being filed by the petitioner as directed by the writ Court, the Vice Chancellor of the University shall take appropriate decision within a period of three weeks from the date the same is filed before him.
The order of the Hon'ble Single Judge is modified to that extent only.
This Special Appeal is disposed of.
Dated : 21.06.10 VR/Spl. Appl. 992/10