MANIPUR VASANT KINI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE point which falls for determination is as to whether the decision rendered in the previous litigation filed as public interest litigation would operate as res judicata and a binding precedent to the subsequent litigation, also filed in public interest challenging the same Administrative Action which had been challenged in the earlier writ petition.

(2.) PETITIONER who is a practising Advocate has filed this petition under articles 226 and 227 of the constitution of India, challenging the grant of deemed university status under Section 3 of the university grant commission act, to manipal academy of higher education-respondent 4 (hereinafter referred as respondent 4) by respondents 1 and 2. He has also challenged certain actions of respondent 7-the managing trustee of respondent 4, which according to him involves very serious points of illegality and fraud played by respondent 7 throwing all the norms and principles of law to wind and formation of deemed university status under suspicious circumstances. It is also alleged that there are irregularities in the formation of deemed university without fulfilling legal requirements, which has set the attention of the public at large as the same is adversely affecting all konkani speaking minorities including the petitioner.

(3.) WE need not refer to the detailed facts of the present case, because the matter stands concluded by the division bench judgment of this court in case of r. Umesh wagle and others v union of India. The above said writ petition was filed as public interest litigation seeking the same relief as in the present case, challenging the action of the administrative authorities granting deemed university status to respondent 4. A public notice under Order 1, rule 8 of the Code of Civil Procedure, 1908, was given in the news paper informing the world at large that a writ petition has been filed challenging the grant of deemed university status to respondent 4. The writ petition was treated as public interest litigation, any person from the public could join the proceedings in the aforesaid writ petition.