Court No. - 41
Case :- WRIT - C No. - 19622 of 2019 Petitioner :- C/M Yug Chetana Shikshan Sansthan And Another Respondent :- State Of U P And Another Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C.,Spriha Pandey
Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioners is permitted to implead Bundelkhand University, Jhansi through its Registrar as respondent no. 3 and Swami Nityanand Outgoing Manager, Yug Chetna Mahavidyalaya Bharua Sumerpur, Hamirpur as respondent nos. 4 during the course of day.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondent no. 1 and Sri Rohit Pandey, learned counsel for the respondent nos. 2 and 3.
Considering the nature of order proposed to be passed, there is no need to issue notice to newly impleaded respondent no. 4.
Learned counsel for the petitioners has submitted that the respondent no.
4 has conducted frivolous election of Committee of Management of the College, which was rejected by the University vide order dated 26.10.2018. The said order was challenged in Writ-C No. 43098 of 2018, which was dismissed by this Court vide order dated 14.2.2019. He further submitted that till date election of Committee of Management has not been conducted and the respondent no. 3 is enjoying the post of Manager. Being aggrieved, petitioner has moved a representation dated 16.2.2019 before the Registrar of University for taking action against the respondent no. 4, but till date, same has not been decided.
Sri Rohit Pandey, learned counsel appearing for respondent nos. 2 and 3 has submitted that the representation of the petitioner shall be considered and decided in accordance with law at the earliest.
Considering the facts and circumstances of the case, this writ petition is disposed of with a direction to the respondent no.3 to consider and decide the representation of the petitioner dated 16.2.2019 strictly in accordance with law after providing opportunity of hearing to the respondent no.4 and any other person having interest in the college, if any, within six weeks from the date of production of certified copy of this order It is made clear that the Court has not adjudicated the matter on merits. It is upon the respondent no. 3 to decide the representation of the petitioner after considering the facts of the case as well as Rules occupying the field.
Order Date :- 31.5.2019 Rmk.