LAWS(ALL)-1986-2-79

SRI AGRAWAL HITKARANI NYAS (TRUST), AZAMGARH AND OTHERS Vs. CHANCELLOR, UNIVERSITY OF GORAKHPUE, LUCKNOW AND OTHERS

Decided On February 11, 1986
Sri Agrawal Hitkarani Nyas (Trust), Azamgarh And Others Appellant
V/S
Chancellor, University Of Gorakhpue, Lucknow And Others Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Against the order of the Vice Chancellor declining to accord approval to the removal of the Principal by order dated 28th May, 1985, the Managing Committee and the Trust made reference to the Chancellor on 6th July, 1984 under Sec. 68 of the State Universities Act Tire Chancellor has rejected tho same on ground that the person competent to refer is not the Authorised Controller who has taken over the Management with effect from 11th June, 1984 having been appointed in exercise of powers under Sec. 58 of the Act.

(3.) Learned counsel for the petitioner contends that the expression "person aggrieved" appearing in Sec. 68 of the Act be widely construed and that the trust in any case has sufficient interest in making the reference to the Chancellor against the order of the Vice Chancellor refusing to accord approval to the removal of the Principal. It is pleaded also that the Managing Committee was there in picture when the order of removal was passed and when the same was disapproved by the Vice Chancellor and hence they should be deemed to have sufficient interest in the matter.