DINESH CHANDRA DUBEY Vs. REGISTRAR KANPUR UNIVERSITY

JUDGEMENT

(1.) Special leave granted. Arguments heard.

(2.) After hearing learned counsel for the parties, we are satisfied that the High court was not justified in dismissing the petition filed by the appellant under Art. 226 of the Constitution on the ground that he had an alternative remedy by way of an appeal to the Disciplinary Committee constituted under Statute 8. 01. It is not disputed before us that the Executive council has not so far constituted any Disciplinary Committee as required by Statute 8. 01. That being so, the High court should have heard the Writ Petition on merits.

(3.) Accordingly the appeal allowed. The judgment and order of the High court dismissing the Writ Petition in limine are set aside and the Writ Petition is remitted back to the High court for a hearing afresh on merits after notice to the parties. The parties shall be at liberty to file such additional documents, if so advised, in support of their respective contentions.