In Writ A No. 2663 of 2020, the Hon'ble High Court disposed of a petition arising from an untimely reference under Section 68 of the U.P. State Universities Act without expressing an opinion on merits.
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Court No. - 4
Case :- WRIT - A No. - 2663 of 2020
Petitioner :- Dr. Deepak Shukla
Respondent :- State Of U. P. Through Its Principal Secretary And 3 Others
Counsel for Petitioner :- Prabhakar Awasthi,Akhilesh Pandey Counsel for Respondent :- C.S.C.,Laxmi Kant Tripathi,Pratik Chandra
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent No.1, Sri N.K. Tiwari, learned counsel for respondent No.2 and Sri Prateek Chandra, learned counsel for respondent No.3.
In view of the order proposed to be passed, notice need not be issued to the respondent No.4.
The petitioner has filed the present writ petition with the following reliefs:-
i Issue a writ, order or direction in the nature of mandamus commanding the His Exigency the Chancellor to forthwith take into consideration the reference preferred by the petitioner in terms of Section 68 of U.P. State Universities Act on 13.03.2019 wherein objections and rebuttal thereto has been filed and pass reasoned speaking order within shortest period of time as this Hon’ble Court may desires.
ii Issue any other suitable writ, order or direction as this Court may deem fit and proper in the facts and circumstances of the case.
iii Award cost of petition to the Petitioner.
The grievance of the petitioner appears to be that the Reference
filed by him on 13.03.2019 (Annexure 12) before respondent No.2 for redressal of his grievance has not been decided till date. He lastly contended that a mandamus be issued to respondent No.2 to decide the reference filed by the petitioner within specified period.
To the aforesaid prayer made on behalf of the petitioner, learned counsels for the respondents have no objection.
In view of above, without expressing any opinion on the merits of the case, we dispose of the writ petition with the request to the respondent No.2 to decide the reference dated 13.03.2019 filed by the petitioner by passing a speaking and reasoned order strictly in accordance with law as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order before him.
Order Date :- 18.2.2020 saqlain
Dr. Deepak Shukla
State Of U. P.
Bala Krishna Narayana
Prakash Padia
As recorded by the court registry
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