Disposed

C/M Brahmacharya Ashram Shri Sarvar Sanskrti Mahavidyalaya and Another v. State of U.P. and 5 Others

Allahabad HC18 Jan 2020WRIC/1656/2020

Case brief

AI extract

What is this about?

The High Court directed the Vice Chancellor of Sampurnanand Sanskrit University to decis the matter regarding effective control of a college under Section 2(13) of the U.P. State Universities Act, 1973, and to consider fresh elections promptly within two months.

What did the court decide?

Direction issued to the Vice Chancellor to decide the matter pursuant to the remand order and consider fresh elections within two months.

C/M Brahmacharya Ashram Shri Sarvar Sanskrti… — Service and Employment | Allahabad HC (2020)

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Court No. - 54

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Case :- WRIT - C No. - 1656 of 2020

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Petitioner :- C/M Brahmacharya Ashram Shri Sarvar Sanskrti Mahavidyalaya And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arun Kumar Counsel for Respondent :- C.S.C.,Laxmi Kant Tripathi,Ved Byas Mishra

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Hon'ble Rajiv Joshi,J.

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Heard Shri Arun Kumar, learned counsel for the petitioners, learned Standing Counsel for the respondent No.1, Shri L.K. Tripathi, learned counsel for the respondent No.2 and Shri Ved Byas Mishra, learned counsel for the respondent Nos.3 & 6.

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Present Writ Petition under Article 226 of the Constitution of India has been filed for issuance of a writ of mandamus commanding the Vice Chancellor, Sampurnanand Sanskrit University, Varanasi, respondent No.3 to pass necessary order regarding the effective control of the College under Section 2(13) of the U.P. State Universities Act, 1973, on the basis of the fresh elections, submitted by the petitioners having held on 1.6.2019 within the stipulated time.

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The contention of learned counsel for the petitioners is that the petitioner is the elected body and election was recognized by the Vice Chancellor vide order dated 6.12.2017. Subsequently, reference under Section 68 of the U.P. State Universities Act was made to the Vice Chancellor, Sampurnanand Sanskrit University, Varanasi, respondent No.3 in which the mater was remitted to the Vice Chancellor to revisit the matter again. It is contended by learned counsel for the petitioners that till date no decision has been taken by the Vice Chancellor pursuant to the order passed under the reference dated 16.9.2019. In the meantime, petitioner's Body held the election and the paper with regard to the elected Office Bearers etc. were forwarded to the Vice Chancellor on 4.6.2019 for its approval, which remained pending.

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On the other hand learned counsel for the University submits that he has no objection in case direction is issued to the Vice Chancellor for taking decision in the matter as per the remand order passed by the Chancellor in reference order dated 16.9.2019 as well as the order in the matter pertaining to the election held by the petitioner's Committee.

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Under these circumstances, direction is issued to the Vice Chancellor, Sampurnanand Sanskrit University, Varanasi, respondent No.3 to decide the matter pursuant to the remand order dated 16.9.2019 passed by the Chancellor and also consider the matter regarding fresh election of the petitioners along with objection raised by the parties concerned in this regard as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order.

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Writ Petition is, accordingly, disposed of.

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Order Date :- 18.1.2020 T. Sinha

C/M Brahmacharya Ashram Shri Sarvar Sanskrti Mahavidyalaya and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

C/M Brahmacharya Ashram Shri Sarvar Sanskrti Mahavidyalaya and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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