Allahabad High Court
C/M, Raj Bahadur Singh Smarak ... vs The State Of U.P. Thru' Principal ... on 23 July, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 42712 of 2010 Petitioner :- C/M, Raj Bahadur Singh Smarak Mahavidyalaya, Hamidpur Respondent :- The State Of U.P. Thru' Principal Secretary (H.E.) & Others Petitioner Counsel :- Indrasen Singh Tomar,Ashok Khare,Ramkesh Respondent Counsel :- C.S.C.,Anil Tiwari,Dr. Om Prakash Hon'ble Dilip Gupta,J.
Committee of Management, Raj Bahadur Singh Smarak Mahavidyalaya, Hamidpur, Azamgarh, has filed this petition for setting aside the order dated 8th June, 2010 passed by the State Government, the resolution of the Executive Council of the Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as the 'University') taken on 11th June, 2010 and the communication dated 6th July, 2010 sent by the University to the State Government.
The records of the writ petition indicate that Maa Sharada Mahavidyalaya, Shambhupur, Gahji Azamgarh, (hereinafter referred to as the 'College') was granted permanent affiliation by the University under Section 37 of the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Act'). It transpires that a complaint was filed before the State Government by a member of the Vidhan Sabha and acting on that complaint, the State Government issued an order dated 8th June, 2010 granting prior sanction to the University for withdrawal of the affiliation under Section 37(8) of the Act. The Executive Council of the University subsequently in its meeting held on 11th June, 2010, on the basis of the aforesaid communication dated 8th June, 2010 sent by the University, authorized the Vice-Chancellor of the University to take action and subsequently a communication dated 6th July, 2010 was sent by the Registrar of the University to the Government for granting its sanction for withdrawal of the affiliation.
It is submitted by Sri Ashok Khare, learned Senior Counsel appearing for the petitioner that action under Section 37(8) of the Act could have been taken by the University after obtaining a report from the Management of the College and with the previous sanction of the State Government but in the present case, no report was obtained from the Management. He further submitted that the State Government on its own could not have granted previous sanction as contemplated under Section 37(8) of the Act and the State Government could have only proceeded under Section 37(9) of the Act after obtaining a report from the Management of the College and the Vice-Chancellor of the University but that was not done.
Learned Standing Counsel appears for respondent Nos. 1, 2 and 6. Sri Anil Tiwari, appears for respondent Nos. 3, 4 and 5. They pray for and are granted three weeks' time to file the counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
Connect this petition with Writ Petition No. 40686 of 2010, in which a similar order is under challenge.
List this petition for admission/hearing in the week commencing 23rd August, 2010.
In view of the submissions advanced by learned Senior Counsel for the petitioner, the operation of the order dated 8th June, 2010 issued by the State Government and the communication dated 6th July, 2010 sent by the University to the State Government shall remain stayed.
Order Date :- 23.7.2010 SK