Dr. Bal Krishna Agarwal vs State Of Uttar Pradesh & Ors on 10 January, 1995
18. Without going to the merit of the case as to whether the University has right to hold the test and without going to the merit of the case as to the factual controversy involved in this case that the University has also authorised the affiliated colleges to hold test and without going to the merit of the case as to whether the Director of Education has already issued direction to the University to hold the examination and complete the same by 31-7-1997, it will be proper to see whether the alternative remedy as urged by learned counsel for the respondents which is mentioned in Section 68 of the Act is the proper remedy and without going to the Chancellor, the petitioners can approach this Court under Article 226 of the Constitution and whether doctrine of exhaustion of alternative remedy is applicable to the present case. Learned counsel for the petitioner has cited a decision given by the Appex Court of the country in Civil Appeal No. 607 of 1995 arising out of S.L.P. No. 1078 of 1994, Dr. Bal Krishna Agarwal v. State of U.P. This judgment was delivered by the Appex Court on 10-1-1995 (reported in 1995 AIR SCW 800). The Court has observed as under (Para 10) :--