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2014 DIGILAW 895 (MP)

Dr. Sarita Rai v. Dr. Hari Singh Gour Vishwavidyalaya

2014-07-25

SANJAY YADAV

body2014
JUDGMENT 1. At the outset, learned Senior Counsel for the respondents submits that issue raised in these petitions has already been answered in batch of W.P. No. 10470 of 2014 and connected writ petitions. The petitions were disposed of vide order-dated 21.7.2014 in the following terms - "Having heard the learned counsel for the parties, it is observed that the petitioner in W.P No. 10470 of 2014, by way of an application for taking additional documents on record, has placed the note sheets of the respondent University before this Court which indicate that the decision to remove the petitioners was taken by the Vice Chancellor in exercise of powers under section 11(3) of the Central Universities Act, 2009 (hereinafter referred to as 'the Act'). The note sheet itself indicates that the decision is subject to ratification by the Executive Council. On directions of this Court, the learned Senior Counsel appearing for the respondent University, has obtained instructions and on instructions states that the Executive Council would take up the issues expeditiously, consider all the grounds and objections raised by the petitioners and take a decision regarding ratification in accordance with the procedure prescribed by law. In view of the aforesaid submission of the learned Senior Counsel for the respondent University and keeping in mind the Second proviso to Section 11(3) of the Act, which provides for taking up the issues before the Executive Council in case any person is aggrieved by the order under section 11(3) of the Act, the petition filed by the petitioners is disposed of with a direction to the effect that in case the petitioners file a detailed representation taking all objections before the Executive Council through the Registrar of the University, within a week from today alongwith a copy of the order passed today and a copy of the petition, the Executive Council shall take a decision thereon expeditiously in accordance with law and the procedure prescribed therein within a period of six weeks thereafter, by recording reasons for the same and while doing so shall take into consideration and examine all the issues raised by the petitioners. The Executive Council, while taking a decision, shall examine each case individually on its own merits and shall take a decision thereon without being influenced by the fact of pendency of the C.B.I. investigation. The decision of the Executive Council shall be communicated to the petitioners." 2. The Executive Council, while taking a decision, shall examine each case individually on its own merits and shall take a decision thereon without being influenced by the fact of pendency of the C.B.I. investigation. The decision of the Executive Council shall be communicated to the petitioners." 2. Learned counsel appearing on behalf of petitioner does not dispute the above aspect; however, it is contended that the petitioners are occupying the quarter which were alloted to him/her when they were appointed and the steps are being taken by the respondent-University to get the same vacated. At this, learned Senior Counsel for the respondents submits that the respondents have been asked not to take any coercive steps till decision is taken by the Executive Council to whom the matter has been referred. 3. In view whereof, the petitions are finally disposed of in the terms of the order-dated 21.7.2014 (supra) and the undertaking given by Senior Counsel that no coercive action to get the quarters vacated till decision by the Executive Council be taken. Certified copy as per rules.