Court No. - 39
Case :- WRIT - A No. - 17843 of 2018 Petitioner :- Dr. Harishankar Upadhyay Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Awadesh Tiwari,Gunjan Tiwari,Sri. H.N. Singh, Sr. Advocate Counsel for Respondent :- C.S.C.,Vivek Verma
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri H.N.Singh, learned Senior Advocate assisted by Sri Awadesh Tiwari, learned counsel for the petitioner, learned Standing Counsel for respondents no. 1, 4 & 5 and Sri Vivek Verma, learned counsel for respondents no. 2 & 3.
In view of the order we propose to pass it is not necessary to issue any notice to the remaining respondents.
This writ petition has been filed with the following prayer :
"(I) Issue a writ order or direction in the nature of mandamus directing the Vice Chancellor Dr. Bheemrao Ambedkar University Agra (Respondent No. 3) to pass appropriate order on the representation of the petitioner dated 19.06.2018.
(II) issue writ order or direction in the nature of mandamus directing the Committee of Management Sri Warshney Mahavidyalaya Aligarh not to pass any order before order passed by Director Higher Education Allahabad as well as Vice Chancellor Dr. Bheemrao Ambedkar University Agra which has been filed by the petitioner dated 16.09.2017 as well as 19.06.2018 respectively."
At the outset, Sri H.N. Singh, learned Senior Advocate stated that he does not press the prayer no. (II) of the writ petition.
With regard the prayer no. (I), Sri Vivek Verma, learned counsel for the respondent University states that the Vice Chancellor, Dr. Bheemrao Ambedkar University Agra shall take a decision on the representation of the petitioner dated 19.06.2018 within a period of one month.
From a perusal of the record, we notice that the representation dated 19.6.2018 referred to in relief (I) does not contain any receiving of any authority in the office of the Vice Chancellor or that it has been sent by registered post, copy of which has been filed as annexure-17 to the writ petition.
No useful purpose would be served in keeping this writ petition pending.
We, therefore, dispose of the writ petition with the direction to the respondent no. 3, Vice Chancellor, Dr. Bheemrao Ambedkar University Agra to decide the petitioner's representation dated 19.06.2018, annexure-17 to the writ petition, in accordance with law expeditiously preferably within a period of one month from the date of receipt of the certified copy of this order in his office.
Alongwith the certified copy of this order, the petitioner shall also provide a copy of the representation dated 19.06.2018 to the respondent no. 3.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 23.8.2018 nd