Court No. - 7
Case :- WRIT - C No. - 24152 of 2019 Petitioner :- Ramesh Kumar Agarwal (Sarraf) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashwat Kishore Chaturvedi Counsel for Respondent :- C.S.C.,Raj Mohan Saggi,Rohit Pandey
Hon'ble Ajay Bhanot,J.
Sri Shashwat Kishore Chaturvedi, learned counsel for the petitioners, submits that the Vice-Chancellor has exceeded his jurisdiction, by returning findings on the office bearers of the trust. He further submits, that a false resignation allegedly on the part of the petitioner, was the sole footing of the case of the respondent No.4. The resignation of the petitioner, has been denied by the petitioner, as well as life president of the trust. He raises several other objections.
Sri Raj Mohan Saggi, learned counsel for the respondent, and Sri Rohit Pandey, learned counsel for the respondent- University, submit that the petitioner, has an alternative and efficacious remedy of filing a reference, before the Chancellor, under Section 68 of the Uttar Pradesh State Universities Act, 1973.
Sri S.K.Chatruvedi, learned counsel for the petitioners, could not dispute the aforesaid proposition of law, namely, the existence of the remedy of filing a reference before the Chancellor.
In view of the matter, the writ petition is dismissed on the ground of alternative remedy.
However, it is open to the petitioners, to file a reference before the Chancellor, under Section 68 of the Uttar Pradesh State Universities Act, 1973. In case, such reference is filed, within a period of 15 days, the Chancellor, shall make all endeavours to decide the reference, preferably, within a period of three months, from the date of receipt, of a certified copy of this order.
Order Date :- 25.7.2019 Ashish Tripathi