Court No. - 38 Case :- WRIT - C No. - 37171 of 2010 Petitioner :- C/M Ramjhari Degree College Gabhiran Jaunpur Respondent :- State Of U.P. And Others Petitioner Counsel :- K. Shahi Respondent Counsel :- C.S.C.,Anil Tiwari Hon'ble Shishir Kumar,J.
Heard Sri Umesh Narain Sharma, Senior Advocate, assisted by Sri
K. Shahi and Sri Anil Tiwari for the respondents.
Sri Anil Tiwari may file counter affidavit on behalf of respondents
no.2 and 3 within a month. Learned Standing Counsel may file
counter affidavit on behalf of the respodnent no.1 within the same
period. The petitioner will have two weeks thereafter to file
rejoinder affidavit.
List thereafter.
The contention of Sri Sharma is that the order impugned is in total
contravention of the provisions of Section 37 (8) of State
Universities Act 1973 which empowers the Executive Council to
submit a report to the State Government for taking a decision.
Registrar individual cannot without any resolution of the
Executive Council can take a decision.
In such circumstances, the petitioner is entitled for interim relief.
Till further orders of this Court, the operation of the order dated
23.4.2010, Annexure-1 to the writ petition shall remain stayed.
Order Date :- 29.6.2010
V.Sri/-