Writ petition challenging college management suspension dismissed on maintainability grounds; petitioners must first get manager's signature attested before challenging the order.
Writ petition dismissed with liberty to challenge after signature of Manager is attested by competent authority.
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Court No. - 36
Case :- WRIT - A No. - 4893 of 2022 Petitioner :- C/M Sri Radhakirshna Gauri Shankar Sanskrit Mahavidyalaya And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shashank Bhushan Pandey Chanchal,S B Singh Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Shashi Kant Shukla,V.R. Tiwari
Hon'ble Rajiv Joshi,J.
Heard Sri S. P. Singh, learned counsel for the petitioners, learned Standing Counsel for the respondent nos. 1 and 5, Sri V. R. Tiwari, learned counsel for the respondent no.2, Sri Avneesh Tripathi, learned counsel for the respondent nos. 3 and 4 and Sri Shashi Kant Shukla, learned counsel for the respondent no.6.
The instant writ petition under Article 226 constitution of India has been filed for the following reliefs:-
"(i) Issue, a writ, order or direction, in the nature of certiorari calling the record of the case in respect to order dated 24.12.2021 as well as order dated 22.01.2022 (Annexure No. 5 to the writ petition) passed by respondent nos. 3 and 4 respectively and quash the same.
(ii)Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3/Vice Chancellor Sampurnanand Sanskrit University, Varanasi to hear and decide the case as fresh in regard to suspension of respondent no. 6 after providing full opportunity of hearing to petitioners committee of management."
It is contended by counsel for the petitioners that the petitioner no.1 is Committee of Management of Sri Radhakrishna Gauri Shankar Sanskrit Mahavidyalaya, Kuradeeh, Hariharganj, Pratapgarh and the petitioner no.2 is the Manager of said college which is affiliated to the Respondent-University namely Sampurnanand Sanskrit University, Varanasi.
It is further contended by counsel for the petitioners that term of the petitioners' society was valid up to October, 2020. Subsequently, the election was conducted by the Committee of Management on 17.08.2021 in which the petitioner no.2 was elected as Manager but till date signature of the Manager has not been verified.
In view of the above, the Committee of Management of the institution namely Sri Radhakrishna Gauri Shankar Sanskrit Mahavidyalaya, Kuradeeh, Hariharganj, Pratapgarh is not in
existence and unless and until the signature of the Manager are attested/verified by the concerned authority, he has got no right to file any writ petition with regard to the relief claimed.
The writ petition is accordingly, dismissed as such with the liberty to the petitioners to challenge the same after the signature of the Manager are attested by the competent authority.
O rder Date :- 7.4.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.04.12 11:54:36 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition challenging suspension of manager is maintainable when the manager's signature has not been attested by the concerned authority.
C/M Sri Radhakirshna Gauri Shankar Sanskrit Mahavidyalaya And Another
State Of U.P.
5 Others
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
