Court No. - 16
Case :- WRIT - C No. - 28551 of 2018 Petitioner :- Karuna Shankar Dwivedi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Gupta,Shesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Brajesh Datta Pandey,Pusp Raj Singh
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioners, Shri Ashok Khare, learned Senior Counsel assisted by Shri Siddhartha Khare, on behalf of respondent no. 5 and Shri Brajesh Datta Pandey, learned counsel appearing on behalf of respondents no.2, 3 and 4 i.e. Bundelkhand University Jhansi, District Jhansi.
The petitioners are aggrieved by an order dated 28.07.2018 which has been passed in pursuance of orders passed by the Government on 24.08.2016 and by the Registrar of the University on 06.10.2016 in pursuance thereof.
By the order dated 24.08.2016, Prof. S.P.Singh has been appointed as Observer to oversee the elections on the basis of the membership of the General Body of the Society as certified by the Registrar Firms, Societies & Chits within a period of three months.
The petitioners have not challenged the order dated 24.08.2016 and 06.10.2016. The order dated 28.07.2018 alone has been challenged, which is a consequential order i.e. merely a communication to the official Observer to ensure that the elections are held properly.
The petitioners have challenged the consequential order alone and, therefore, this writ petition is not maintainable.
Additionally, Shri Ashok Khare has pointed out that against the order of the Registrar/Assistant Registrar, the petitioners have remedy under Section 68 of the State Universities Act by filing a Reference to the Chancellor of the University.
The writ petition is dismissed on the ground of availability of statutory remedy.
Order Date :- 24.8.2018/VR