Court No. - 19
Case :- WRIT - C No. - 14625 of 2018 Petitioner :- C/M Sri Radha Krishna Sanskrit Mahavidyalaya Laxmi Niwas Bagh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain Counsel for Respondent :- C.S.C.,Ved Byas Mishra Hon'ble Manoj Kumar Gupta,J.
By means of instant writ petition, the petitioners have challenged the order dated 3.4.2018 said to have been passed by Vice Chancellor, Sampurnanand Sanskrit University, Varanasi (respondent no.3) recognising the fifth respondent as the validly elected Committee of Management of Sri Radha Krishna Sanskrit Mahavidyalaya, Laxmi Niwas Bagh, Deoria, an affiliated institution. In fact, the impugned order is in the nature of a communication by the Registrar of the University addressed to petitioner no.2 and Shree Prakash Mani Tripathi, alleged Manager of the fifth respondent by which they were informed that the Vice Chancellor had constituted an Enquiry Committee and the said Enquiry Committee, after examining the documents and evidence placed before it by the parties and after spot inspection, has opined that the Committee with Shree Prakash Mani Tripathi as its Manager is a valid one.
On 23.4.2018, the following order was passed:-
"Sri B.D. Mishra, learned counsel for the respondent University seeks time to point out, if there is any order of the Vice Chancellor approving the findings of the Enquiry Committee, or whether the impugned communication is only the information provided to the parties, regarding the outcome of the enquiry held by three member committee.
As prayed, put up as fresh on 25.4.2018."
In pursuance thereof, Sri V.B. Mishra, learned counsel appearing on behalf of respondent University, on instructions, states that the report of the Enquiry Committee has been approved by the Vice Chancellor by making endorsement of approval over it. He very fairly admits that there is no detailed order passed by the Vice Chancellor going into the rival contentions of the parties. He therefore stated that the Vice Chancellor is prepared to pass a fresh order in exercise of power under Section 2 (13) of the U.P. State Universities Act, 1973.
Sri G.K. Singh, learned senior counsel appearing on behalf of the petitioners and Sri R.C. Dwivedi appearing on behalf of respondent no.5 have no objection to the same.
Accordingly, the instant petition is disposed of by providing that the third respondent shall pass a speaking order after considering rival claims of the parties within a period of two months from the date of production of a certified copy of this order before him. In the meantime, in view of the stand taken by counsel for the respondent University, the order passed by the Vice Chancellor approving the findings of the Enquiry Committee shall remain in abeyance and would ultimately abide by the order which would be passed by the Vice Chancellor.
(Manoj Kumar Gupta, J) Order Date :- 25.4.2018 SL