Research › Search › Judgment

Uttarakhand High Court · body

2014 DIGILAW 356 (UTT)

Patanjali Bhartiya Ayurvigyan Evam Anusandhan Sansthan v. Union of India

2014-09-05

SUDHANSHU DHULIA

body2014
Judgment Sudhanshu Dhulia, J. (Oral) 1. Mr. S.K. Agarwal, Senior Advocate assisted by Mr. Gopal K. Verma, Advocate, present for the petitioner. 2. Mr. Vikas Pande, Advocate, present for the Union of India/respondent no.1. 3. Mr. Sandeep Kothari, learned Brief Holder, present for the State of Uttarakhand/respondent nos.2. 4. Mr. Neeraj Garg, Advocate, present for the respondent no. 3. 5. A preliminary objection has been raised by the learned counsel for the respondent no.3 that petitioner has not made the Uttarakhand Ayurvedic University, Dehradun as respondent no.4. 6. Let petitioner implead the Uttarakhand Ayurvedic University, Dehradun as respondent no.4 during the course of the day and a copy of the writ petition be supplied to the counsel for the University Mr. Shailendra Nauriyal, Advocate, who is also present in the Court. 7. According to the petitioner impugned order dated 23.07.2014, has been passed by respondent no.2 without hearing the petitioner. Learned counsel for the respondent no.3 on the other hand submits that the very permission to take admission in Ayurvedic Sansthan has been obtained by the petitioner by concealment of facts, therefore, there is nothing wrong in the order. The learned counsel for the respondent no.3 further submits that the petitioner has an alternative remedy before the Committee which is functioning in the State. 8. The learned counsel for the petitioner, on the other hand, submits that it will not be proper for him to avail this remedy at this stage. Therefore, the learned counsel for the petitioner says that instead of sending him to the Committee let a counter affidavit be filed by the respondents so that the true facts may emerge. 9. In view thereof, let respondents file counter affidavit within two weeks. 10. List this matter on 22nd September, 2014 in daily cause list. 11. Learned counsel for the respondent no.3 undertakes that he shall file counter affidavit on or before 19th September, 2014. Meanwhile, newly impleaded respondent no.4 shall also file counter affidavit.