COMMITTEE OF MANAGEMENT, DAYANAND ARYA KANYA DEGREE COLLEGE, MORADABAD AND ANOTHER Vs. STATE OF UTTAR PRADESH AND OTHERS

JUDGEMENT

(1.) Present petition is directed against the Order No. 5362/15-11-93-3-(86)/92 U P. Government Shiksha (ii) Anubhag Lucknow dated 22nd Oct. 1993 passed by the State Government under Sec. 58 (1) of the U. P State Universities Act, 1973 (in short the 'Act') t he order preceded by notification No. 809/15-11 -93 3 (86)/92 Lucknow dated 26th April, 1993 issued under Sec. 57 (1) of the Act calling upon the office bearers of the Committee of Management, Dayanand Arya Kanya Mahavidyala'y, Moradabad a Degree College affiliated to Ruhelkhand University to show cause why an order under Sec. 58 (1) be not passed. It may be observed that since there was a dispute as to who amongst Sarvsri Uraa Kant, Harish Chend Sharma and Ved Vrat Sharma was the Manager of the Committee of Management, the notice dated 26th April 1993 was issued to and replied by each or,e of them separately

(2.) It may be pertinent to mention here that alongwith the show-cause notice dated 26th April 1993, an order of even date i.e. 26th April, 1993 was also passed by the State Government suspending the management under Sec. 58 (2) of the Act and writ petition challenging the show cause notice and the order dated 26th April 1993, appears to have been filed at Lucknow Bench of this Court wherein by an interim order dated 3-5-1993, the parties were directed to maintain status quo.

(3.) In his reply to the show-cause notice, the petitioner Uma Kant said nothing except this that in view of the interim order dated 3-5-1993 passed in writ petition preferred against the show-cause notice dated 26-4-1993 the matter arising out of it had to be kept in abeyance and in the interim order dated 3-5-1993 was understood to connote otherwise, let him be informed so that he could do the needful after taking legal advice in the matter. The respondents Harish Chand Sharma and Ved Vrat Sharma in their separate replies are said to have admitted the existence of the irregularities mentioned in the show cause notice.