Dismissed

Town Educational Society Ballia and Another v. State of Up and 4 Others

Allahabad HC4 May 2018WRIC/15233/2018

Case brief

AI extract

What is this about?

Petitioner challenged order discarding elected management committee. Court, after counsel representation on alternative remedy under S. 68 of U.P. State Universities Act, 1973, disposed petition dismissing and granting liberty to file reference before Chancellor with stay application.

What did the court decide?

Petition dismissed with liberty to file reference before Chancellor along with stay application.

Town Educational Society Ballia and… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 19

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Case :- WRIT - C No. - 15233 of 2018

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Petitioner :- Town Educational Society Ballia And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Mritunjay Mohan Sahai Counsel for Respondent :- C.S.C.,Ashish Kumar (Nagvanshi),Gopal Ji Rai

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Hon'ble Manoj Kumar Gupta,J.

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Heard counsel for the petitioners, learned standing counsel for respondent Nos. 1 & 4, Sri Ashish Kumar (Nagvanshi) for respondent Nos. 2 & 3, Sri Neeraj Tripathi for respondent No. 5 and Sri P.N. Saxena, learned senior counsel assisted by Sri Gopal Ji Rai for the caveator.

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The petitioners have challenged the order dated 7.4.2018 passed by the third respondent, Vice Chancellor, Jananayak Chandrashekhar University, Ballia whereby the election of the Committee of Management of the Institutions held on 23.7.2017 has been discarded. An Authorised Controller has been appointed for holding fresh election within six months from list of valid members. The order has been passed in purported exercise of power under the Statutes of the University.

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At the outset, Sri P.N. Saxena, learned senior counsel assisted by Sri Gopal Ji Rai appearing on behalf of caveator Dr. Lalta Prasad, one of the complainants, contended that the petitioners have alternative remedy of filing reference before the Chancellor under Section 68 of the U.P. State Universities Act, 1973. He submitted that the said alternative statutory remedy is an effective remedy inasmuch as, the Chancellor also has power to stay the order challenged before him, and thus, it is urged that the petitioners should be relegated to the alternative remedy.

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After some argument, Sri M.M. Sahai, learned counsel appearing on behalf of the petitioners made a statement that the petitioners would file a reference before the fifth respondent i.e. Chancellor, Jananayak Chandrashekhar University, Ballia, within ten days, after serving its copy on Dr. Lalta Prasad, who has filed the complaint, through Sri Gopal Ji Rai, Advocate and also on the University. He

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further states that the petitioners would also file a stay application seeking stay of the impugned order.

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Learned counsel for the Chancellor states that in case, the reference is filed along with the stay application, the stay application would be considered and decided within two weeks and the reference, as far as possible, within four weeks thereafter.

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In view of the statement made by learned counsel for the parties, the instant petition is disposed of with liberty to the petitioners to file reference before the Chancellor along with stay application, and in which event, the same would be decided as per the statement given by learned counsel representing the fifth respondent.

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A certified copy of the order be issued to the parties on payment of usual charges within 24 hours.

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(Manoj Kumar Gupta, J.)

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Order Date :- 4.5.2018 AM/-

Town Educational Society Ballia and Another v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Town Educational Society Ballia and Another v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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