Allahabad High Court
Chandra Prakash Tiwari And Others vs State Of U.P. & Others on 11 August, 2010
Author: Sanjay Misra
Bench: Sanjay Misra
Court No. - 28 Case :- WRIT - C No. - 11706 of 2008 Petitioner :- Chandra Prakash Tiwari And Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Mishra,Anup Dhar Dubey,R.K.Ojha Respondent Counsel :- C.S.C.,B.D. Pandey,Neeraj Tripathi,Sunita Agrawal Hon'ble Sanjay Misra,J.
The submission of Sri R.K. Ojha, learned counsel for the petitioners is that for the purpose of running self finance courses by the University no financial burden is involved upon the University inasmuch as all the expenses and salary of teachers are borne by the self finance courses itself.
Sri B.D. Pandey, learned counsel for the University has disputed the aforesaid submission by referring to Section 51 & 52 of the U.P. State University Act to state that the Executive Council is empowered to make ordinances and the Executive Council of the University having already resolved that the self finance courses being run by the University would require approval of the State Government the said approval would be necessary.
Sri Ojha has submitted that when there is no financial burden on the University or on the State Government for running self finance courses then the resolution of the Executive Council to obtain approval for running self finance courses from the State Government is not required.
Sri B.D. Pandey, learned counsel for the University prays for and is granted three weeks time to file supplementary affidavit bringing on record the provision of the circular order whereby his submission that the University and the State Government bear some financial burden for running of self finance courses has been provided.
List immediately after expiry of three weeks.
It is made clear that this matter may not be treated as tied up or part heard to this Bench.
Order Date :- 11.8.2010 pks