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2016 DIGILAW 1606 (ALL)

Gaurav Agrawal v. State of U. P.

2016-04-28

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT This petition has been filed in the public interest by the petitioner who claims to be a member of Sri Kashi Agrawal Samaj, Varanasi and describes himself in paragraph 7 of the writ petition as "a young energetic public spirited and responsible citizen of the society". The society manages an educational institution by the name of Sri Agrasen Kanya P.G. College at Varanasi. It is an autonomous girls degree college. The college is affiliated to Mahatma Gandhi Kashi Vidyapeeth, Varanasi, which is a State University. On a complaint received through the Union Ministry for Human Resource Development, the Vice Chancellor constituted a Committee chaired by Professor Om Prakash Singh, Professor and Director at the Mahamana Madanmohan Malviya Institute of Hindi Journalism. On 31 August 2015, a report was submitted to the Vice Chancellor. The petitioner seeks the initiation of action on the basis thereof. 2. At the outset, we make it clear that since the institution is not a party to these proceedings and the only parties impleaded are the second and third respondents who were the former acting Principal and the former Manager, it would not be appropriate for this Court to inquire into the allegations or enter a finding of fact. The failure to implead the institution is indicative of the fact that the petitioner harbours a grouse against two persons who were formerly working as acting Principal and Manager. 3. On this state of the record, it would not be possible for the Court to entertain a writ petition under Article 226 by granting such wide ranging reliefs as ordering an investigation by the Central Bureau of Investigation or by the CBCID. However, we may clarify that since the Vice Chancellor had, as it appears from the record, taken seisin of the matter and the report has been submitted to him on 31 August 2015, this order shall not stand in the way of the Vice Chancellor adopting such steps as he deems necessary and proper in the interest of justice and in accordance with law. 4. The petition is accordingly dismissed. There shall be no order as to costs.