The High Court disposed of the petition with liberty to approach the Vice Chancellor with valid claims within the framework of a prior remittal order issued in a related writ petition concerning management recognition.
Petition disposed with liberty to submit claims to the Vice Chancellor.
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Court No. - 33
Case :- WRIT - C No. - 54302 of 2017
Petitioner :- The Arya Vidya Sabha, Azamgarh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ved Byas Mishra,Rajiv Kumar Mishra Counsel for Respondent :- C.S.C.,Dhananjai Singh Yadav,Sunil Kumar Srivastava
Hon'ble Manoj Misra,J.
The petitioners have challenged the order dated 16.09.2017 passed by the Vice Chancellor in exercise of power under Section 2(13) of the U.P. State Universities Act, 1973 thereby according recognition to the Committee headed by the fourth respondent.
It appears that in another Writ-C No.47930 of 2017 one of the rival claimants had challenged the order dated 16.09.2017. This Court by its order dated 27.10.2017 had set aside the order dated 16.09.2017 passed by the Vice Chancellor and remitted the matter back to the Vice Chancellor to take a fresh decision having regard to the statutory provisions noticed in the said order. The operative portion of the order dated 27.10.2017 clearly provides that fresh decision shall be taken within four weeks from the date of submission of certified copy of the order after giving due opportunity of hearing to all concerned.
Under the circumstances, if the petitioners have any concern or claim in respect of management of the institution concerned, it is always open to them to raise their claim/concern before the Vice Chancellor of Veer Bahadur Singh Purvanchal University, Jaunpur in the matter already remitted back to the Vice Chancellor, if not already decided. It is expected that if any such claim/concern is submitted/expressed with document to show that the petitioners have valid claim/concern, the Vice Chancellor, while deciding the issue pursuant to the direction given by this Court vide order dated 27.10.2017 passed in WritC No.47930 of 2017, if not already decided, shall consider the claim/concern of the petitioners as well and take appropriate decision, in accordance with law, after giving opportunity of hearing to the parties concerned.
With the aforesaid liberty, the petition is disposed of .
Order Date :- 16.1.2018 AKShukla/-
Colour shows how this judgement treated each authority
Writ - C No.47930 of 2017Referred¶6
The Arya Vidya Sabha, Azamgarh And 2 Others
State Of U.P. And 3 Others
Manoj Misra
As recorded by the court registry
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