PRABANDHAK SAMITI SRI TULSI SMARAK SANSKRIT MAHA VIDYALAYA, RAJAPUR, BANDA AND ANOTHER Vs. DEPUTY DIRECTOR OF EDUCATION, JHANSI MANDAL AND OTHERS

JUDGEMENT

(1.) The petitioners by the instant writ petition have impugned the order dated 19 Aug., 1992, passed by Deputy Director of Education Jhansi Region, Jhansi, whereby the Deputy Director has held that the decision dated 25-1-1992 passed by the Vice-Chancellor, Sampurna Nand Sanskrit Vishwa Vidyalya and communicated by letter No. 607142/ 1823/61-92 is ineffective Learned counsel for the petitioners as well as learned counsel appearing on behalf of the University and the State are of the view that the question raised in the writ petition is purely legal and as such the writ petition can be disposed of finally instead of admitting it at this stage, and leaving it to be decided in future. A counter-affidavit has been filed on behalf of the Deputy Director of Education and the petitioners have filed rejoinder-affidavit. Learned counsel appearing on behalf of the University has also no objection if the petition is disposed of finally.

(2.) The facts set-forth by the petitioners in the writ petition as well as in the counter-affidavit need not be recounted because the dispute it only confined to the point as to whether the impugned order is a clarification as stated by the Deputy Director or is it an order which affects materially the petitioners' right and in such a ease notice to the petitioners by the Deputy Director was a must.

(3.) I have considered the above point.