Committee of Management Sri Paniniya Gurukul vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Committee of Management Sri Paniniya Gurukul vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petitions disposed of without entering into merits; impugned order dated 28.02.2023 set aside and matter remitted to the Vice-Chancellor for reconsideration and a fresh reasoned order in light of the Chancellor's order dated 22.01.2025, to be passed preferably within three months; petitioners to file certified copy before the Vice-Chancellor within two weeks.

Issue for consideration

Whether, in view of the Chancellor's order dated 22.01.2025 taking a different view and remitting the entire dispute to the Vice-Chancellor, the writ petition should be disposed of by setting aside the impugned order dated 28.02.2023 and remitting the matter to the Vice-Chancellor for reconsideration and a fresh order, without entering into the merits.

Court's answer

Without entering into the merits, since the Chancellor has taken a different view and remitted the entire dispute to the Vice-Chancellor for reconsideration, the impugned order dated 28.02.2023 is set aside and the matter is remitted back to the Vice-Chancellor for reconsideration and passing a fresh order in light of the observations made by the Chancellor in the order dated 22.01.2025.

Ratio / Principle

The petitioners are directed to file a certified copy of the order within two weeks before the Vice-Chancellor, who shall thereafter pass appropriate reasoned order(s) in accordance with law expeditiously, preferably within three months.

Key takeaways

In view of the above directions, all the writ petitions are disposed of.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Chandra Dhari Singh, J.) disposed of a writ petition by the Committee of Management, Sri Paniniya Gurukul against the State of U.P. and others without entering into the merits. Learned counsel for the petitioners made an innocuous prayer noting that the Chancellor had, by order dated 22.01.2025, taken a different view and remitted the entire dispute to the Vice-Chancellor of the University for reconsideration, and sought similar remittal in this matter; counsel for the respondent-University opposed the petition on merits but raised no objection to the remittal. The Court accordingly set aside the impugned order dated 28.02.2023 and remitted the matter to the Vice-Chancellor to re-adjudicate the entire dispute and pass a fresh reasoned order in accordance with law in light of the Chancellor's observations, preferably within three months, directing the petitioners to file a certified copy of the Chancellor's order within two weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 12691 of 2024

Committee Of Management Sri Paniniya Gurukul

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

	....	.Respondent(s)
Counsel for Petitioner(s)	: Lakshman Tripathi
Counsel for Respondent(s)	: C.S.C., Shesh Kumar	Srivastava

Court No. - 32

HON'BLE CHANDRA DHARI SINGH, J.

Learned counsel appearing on behalf of the respective petitioners, without entering into the merits of the case, have made innocuous prayer that since the Chancellor has passed an order dated 22.01.2025 and has taken a different view, remitting the matter to the Vice Chancellor of the University to reconsider the entire dispute in light of the observation made in the order passed by the Chancellor, hence the instant matter may also be remitted back to the Vice Chancellor after setting aside the impugned order and to direct the Vice Chancellor to re-consider or re-adjudicate the entire dispute and pass a fresh order taking into consideration the observation made by the Chancellor in the order dated 22.01.2025.

Per-contra, Sri S.K. Srivastava, learned counsel for the respondentsUniversity vehemently opposed the aforesaid instant writ petitions on merit but have no objection if the same be remitted back to the Vice Chancellor to take a fresh decision in light of the order passed by the Chancellor, as stated above.

In view of the arguments advanced by the learned counsel appearing on behalf of the parties and also after perusing the averments made in the petition and the order passed by the Chancellor, without entering into the merits of the case, I am inclined to allow the prayer as made by learned counsel for the petitioners. Since the Chancellor has taken a different view and remitted back the entire dispute to the Vice-Chancellor to re-consider or re-adjudicate the same and pass a fresh order therefore, impugned order dated 28.02.2023 of the instant writ petition is set-aside while remitting the matter back to the Vice-Chancellor for reconsideration and passing a fresh

WRIA No. 12691 of 2024

2

order in light of the observation made by the Chancellor in the order dated 22.01.2025.

In view of the facts and circumstance of the case, it is directed to the petitioners to file certified copy of the order within two weeks before the Vice Chancellor. Thereafter, Vice Chancellor is directed to pass an appropriate reasoned order(s) in accordance with law expeditiously, preferably, within a period of three months.

Accordingly, all the writ petitions are disposed of .

September 10, 2025 Atul

(Chandra Dhari Singh,J.)

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad