Allahabad High Court
Committee Of Management, Bhartiya ... vs State Of U.P. And 3 Others on 21 October, 2019
Author: Biswanath Somadder
Bench: Biswanath Somadder, Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 7 Case :- SPECIAL APPEAL No. - 1096 of 2019 Appellant :- Committee Of Management, Bhartiya Kapil Muni Post Graduate College And Another Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ved Prakash Shukla Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Nipun Singh Hon'ble Biswanath Somadder,J.
Hon'ble Ajay Bhanot,J.
1. Heard learned advocate for the appellants, Sri Avneesh Tripathi, learned advocate for respondent no.3 and Sri Nipun Singh, learned advocate for respondent no.4.
2. The instant Special Appeal arises in respect of a judgment and order dated 16th September, 2019 passed by a learned Single Judge in Writ-A No.14095 of 2019. By the impugned judgment and order, the learned Single Judge has proceeded to dispose of the writ petition.
3. For convenience, the impugned judgment and order is reproduced hereinbelow in its entirety:
"Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri Tervej Ahmad, Advocate holding brief of Sri Avneesh Tripathi, learned counsel appearing for the respondents-University.
By means of this writ petition the petitioner claims herself to be Principal of Bhartiya Kapil Muni Post Graduate College, Karpiya, Bewar, District Mainpuri. The said Institution is affiliated to Dr. Bhimrao Ambedkar University, Agra. The Disciplinary Authority of the Institution had initiated disciplinary proceeding against the petitioner and the petitioner was dismissed from service by order dated 6.4.2014. The papers were forwarded to the Vice Chancellor by order dated 8.5.2014. The Vice Chancellor has disapproved the dismissal of the petitioner by order dated 11.4.2018 but in spite of the order of the Vice Chancellor disapproving the dismissal of the petitioner, the petitioner has not been reinstated in the Institution.
Sri Nipun Singh, learned counsel appearing for the petitioner submits that under Section 68-A of the State Universities Act, 1973 the Vice Chancellor has been conferred with the power to get his orders implemented.
Sri Tervej Ahmad, Advocate holding brief of Sri Avneesh Tripathi, learned counsel appearing for the University submits that the petitioner may approach the Vice Chancellor for the redressal of her grievances.
The writ petition is disposed of with the observation that in case the petitioner approaches the Vice Chancellor with regard to her grievances, I hope and trust that the Vice Chancellor may pass appropriate orders, in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned."
4. After considering the submissions made by the learned advocates for the parties and upon perusing the impugned judgment and order, we notice that the same has been rendered by the learned Single Judge with cogent and justifiable reasons. In an Intra-Court Special Appeal, no interference is usually warranted unless palpable infirmities or perversities are noticed on a plain reading of the impugned judgment and order. In the facts and circumstances of the instant case, on a plain reading of the impugned judgment and order, we do not notice any such palpable infirmity or perversity. As such, we are not inclined to interfere with the impugned judgment and order dated 16th September, 2019.
5. For reasons stated above, the Special Appeal is liable to be dismissed and stands, accordingly, dismissed.
Order Date :- 21.10.2019 Monika/Neeraj (Biswanath Somadder,J) (Ajay Bhanot,J)