JAWWAD ALI SHAH IMAMBARA MUSLIM GIRLS DEGREE COLLEGE SOCIETY Vs. VICE CHANCELLOR DEEN DAYAL UPADHYA GORAKHPUR UNIVERSITY

JUDGEMENT

(1.) -Present petition has been filed assailing the order passed by the Vice Chancellor Deen Dayal Upadhya University, Gorakhpur dated 16.6.2006, whereby the Vice Chancellor gave 'recognition to Committee of Management consisting of 12 members of the society excluding Mohd. Abdullah in exercise of powers under Section 2 (13) of the U. P. States Universities Act, which was said to have been elected in the election held on 27.11.2005. By this order, Sri Aman Ullah Khan was recognized as President and Sri Akbar Ali Makrani was recognized as Secretary of the Committee of Management.

(2.) BEFORE dealing with the arguments of the learned counsel for the parties, it would be apt to set out a summary of facts bearing on the controversy involved in this petition. The controversy in the instant petition centres round Muslim Girls Degree College now christened as Jawwad Ali Shah Imambara Girls Post Graduate College (Hereinafter referred to as "Post Graduate College"). The society of the aforesaid college, needless to say, manages the affairs of the said Post Graduate College. A Committee of Management of which Mohd. Abdullah, petitioner No. 2 was the constituent came to be recognized by the Vice Chancellor vide his order dated 2.11.2002, the term of which was to enure upto 7.6.2005. Thereafter, a fresh election was held and the Vice Chancellor in exercise of power under Section 2 (13) of the U. P. State Universities Act, accorded recognition to the said Committee of Management vide order of the Vice Chancellor dated 26.9.2005. Subsequently by means of order dated 11.1.2006, the Vice Chancellor reviewed his own order and instead, gave recognition to Committee of Management headed by opposite parties of which Akbar Ali Makrani was claimed to have been elected as Secretary/Manager. In the wake of this order, the petitioners preferred a writ petition impugning the order dated 11.1.2006, which petition was numbered as Writ Petition No. 9808 of 2006, Jawwad Ali Shah Imambara Muslim Girls Degree College v. Vice Chancellor, Deen Dayal Upadhya University, Gorakhpur. This Court after hearing the learned counsel for the parties, quashed the order dated 11.1.2006, vide its order dated 10.3.2006 and directed the Vice Chancellor to pass fresh orders within eight weeks after affording opportunity of hearing to all concerned. It would appear that thereafter Vice Chancellor of the said University issued notices for hearing, fixing 19.5.2006. The hearing was adjourned to 29.5.2006, on which date, it would further appear, the Vice Chancellor was not present and therefore the matter was adjourned to 6.6.2006. On 5.6.2006, it would further appear, the petitioner No. 2 filed objection having complexion of preliminary objection. On 16.6.2006, the parties appeared and decision was pronounced leaning in favour of opposite parties. By means of order dated 16.6.2006, the Vice Chancellor gave recognition to the Committee of Management headed by Akbar Ali Makrani at the same time holding the Committee of Management which had earlier been recognized on the basis of election on 27.11.2005 to be invalid in exercise of power under Section 2 (13) of the U. P. State Universities Act.

(3.) HAVING heard the learned counsel for the parties, the first question that crops up for consideration is whether the Vice Chancellor had power to review under the U. P. State Universities Act, 1973.