C/M Chadami Lal Jain Degree College and Another Vs State of U.P. and 4 Others

Court No. - 32

Case :- WRIT - A No. - 1151 of 2022

Petitioner :- C/M Chadami Lal Jain Degree College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gautam Baghel Counsel for Respondent :- C.S.C.,Prabhat Kumar Singh,Shambhavi Tiwari,Vivek Kumar Rai

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Hon'ble Siddharth,J.

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Rejoinder affidavit filed today is taken on record.

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Heard Sri Gautam Baghel, learned counsel for the petitioners, learned Standing Counsel appearing on behalf of respondent nos. 1 & 4, Sri Shambhavi Tiwari, learned counsel for respondent nos. 2 & 3 and Sri Prabhat Kumar Singh, learned counsel for respondent no.5.

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The petitioners have approached this Court praying for quashing the impugned order dated 27.10.2021 passed by respondent no.3, Vice Chancellor, Dr. Bhim Rao Ambedkar University, Agra and communication of Registrar of the aforesaid University, respondent no.2, to the petitioner.

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Further prayer has been made for the direction to the respondent no.3 to take final decision regarding the issue of suspension of Dr. Usha Singh, Reader, Chadami Lal Jain, Degree College, District Firozabad, respondent no.5.

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Learned counsel for the petitioners has submitted that the petitioners were suspended from service by the order dated 06.7.2021 as per Clause 16.07 of first Statute of Dr. Bheem Rao Ambedkar University, Agra. The petitioners, Committee of Management, were required to report the entire matter to the Vice Chancellor, within one week from passing of the order. In case order is not communicated, the suspension order was to cease to have effect after four weeks. He has further submitted that suspension order was passed on 06.7.2021 and the information of the same was sent to the Vice Chancellor on 09.7.2021. However, in the impugned order dated 27.10.2021, finding has been recorded that the Committee of Management has not submitted the documents for approval of the suspension of respondent no.5, within the

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time, provided by the aforesaid Statute 16.07 of aforesaid Statute.

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Learned counsel for the petitioner has submitted that the Committee of Management sent the information of suspension of respondent no.5 within three days of the suspension of the respondent no.5 to the Vice Chancellor, respondent no.3, but in the impugned order it has been stated that it was not sent within time.

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Learned Counsel for respondent no.2 and 3 has pointed out that alongwith the information the necessary documents were not forwarded to the Vice Chancellor as the result of which the Vice Chancellor has passed the impugned order.

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Learned counsel for respondent no.5 and learned counsel for respondent nos.2 & 3 have pointed out that the alternative remedy is available to the petitioner under Section 68 of the U.P. State Universities Act, 1973.

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It is trite law that the alternative remedy is not an absolute bar for this Court. Earlier also the respondent no.5 has approached this Court by way of Writ-A No. 11288 of 2021, which was disposed of by the order dated 04.10.2021 directing the Vice Chancellor, Dr. Bhim Rao Ambedkar University, Agra, respondent no.3 to consider the issue of approval of suspension of the petitioners as per the Statute after hearing the petitioner as well as the Committee of Management of institution with three weeks. Despite the aforesaid order, the impugned order has been illegally passed by respondent no.3 on technical consideration of statute. He could have called for record of suspension of respondent No.5

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The impugned order dated 27.10.2021 passed by respondent no.3, Vice Chancellor, Dr. Bhim Rao Ambedkar University, Agra, is hereby quashed.

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The respondent no.3 is directed to pass fresh order on the representation of the Committee of Management dated 09.7.2021, within a period of one month from today on merits without raising any ground of technicality.

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The writ petition is allowed.

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Order Date :- 25.4.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.04.25 16:20:09 IST Reason: Location: High Court of Judicature at Allahabad

C/M Chadami Lal Jain Degree College and Another v. State of U.P. and 4 Others

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C/M Chadami Lal Jain Degree College and Another v. State of U.P. and 4 Others

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