MANVENDRA MISRA Vs. GORAKHPUR UNIVERSITY

JUDGEMENT

(1.) Against the Impugned order of the Vicc-Chancellor, Gorakhpur University dated 31.1.1997 (copy of which is Annexure-12 to the writ petition), the petitioner has an alternative remedy of approaching the Chancellor under Section 68 of the U. P. State Universities Act.

(2.) The learned counsel for the petitioner has submitted that this writ petition had been admitted by order dated 26.11.1997 and hence it cannot be dismissed on the ground of an alternative remedy. We are not in agreement with this submission. There is no such hard and fast principle that if a writ petition has been entertained or admitted or if counter-affidavit and rejoinder-affidavits have been exchanged then the writ petition cannot be dismissed on the ground of alternative remedy.

(3.) Learned counsel for the petitioner relied on the decision of this Court in Suresh Chandra Tewari V. D.S.O., AIR 1992 All 331. In that decision, this Court held that it was not inclined to reject the writ petition on the ground of alternative remedy having regard to the fact that the petition had been entertained and an interim order had been passed. In our. opinion, this decision does not lay down any absolute rule that a writ petition cannot be dismissed on the ground of alternative remedy after it had been entertained or after an interim order had been passed. The said decision does not lay down any universal principle and must be confined to its own facts.