Shri Krishna Ayurvedik Sanskrit Mahavidyalaya v. State of U. P.
2016-03-17
P.K.S.BAGHEL
body2016
DigiLaw.ai
JUDGMENT Pradeep Kumar Singh Baghel,J. The petitioner no.1 claims to be a Committee of Management of Shri Krishna Ayurvedik Sanskrit Mahavidyalaya, Moosa Nagar, District Kanpur Dehat. The petitioner no.2 has joined this writ petition as Manager of the Committee of Management of said institution. The said institution is affiliated with the Sanskrit University and is governed under the Uttar Pradesh State Universities Act, 1973 and the first statute framed by the University. 2. The grievance of the petitioners is that the rival Committee of Management without any authority has issued three successive advertisements calling applications for appointment on the post of Principal, Lecturer and Assistant Lecturer. 3. It is contended on behalf of the petitioners that there is serious dispute with regard to the management of the institution. The respondents no.6 and 7 do not have any authority to make recruitment of the teachers of the institution. Learned counsel for the petitioners has pointed out several illegality in the advertisements as well as the authority who has issued the advertisements. 4. I have heard learned counsel for the petitioners, learned Standing Counsel and Sri Ved Byas Mishra, appears for the University. 5. In view of the proposed order, there is no need to issue notice to the respondents no.6 and 7. 6. Learned counsel for the University has raised a preliminary objection with regard to the maintainability of the writ petition on the ground that petitioner no.1 is not a recognized Committee of Management and the dispute with regard to the society as well as the management is engaging attention of the Court in the writ petition. 7. Be that as it may, the payment of teachers' salary is made from the public ex-chequer, therefore, in my view, it would be appropriate that a direction be issued to the Vice-Chancellor of the University that in case the papers are sent by the rival committee for appointment of the Principal and other teachers mentioned in the advertisements, he shall consider the objections raised by the petitioners before taking the decision for approval in pursuance of the said advertisements. 8. It is expressly clarified that this Court has not expressed its opinion on the merit of the case. The authority concerned shall pass the order independently and in accordance with law. 9. The writ petition is accordingly disposed of. There shall be no order as to costs.