COMMITTEE OF MANAGEMENT JAGDAMBA SHIKSHA SAMITI MALSIL GULAZARGANJ JAUNPUR Vs. VICE CHANCELLOR SAMPURNANAD SANSKRIT VISHWA VIDYALAYA VARANASI AND

JUDGEMENT

(1.) D. K. Seth, J. The question of recognising the Committee of Manage ment of Jagdamba Shiksha Samiti, Malsil Gulzargaaj, District, Jaunpur was granted by the Vice-Chancellor, pursuant to a direction by this Court on 22-1-1995 passed in writ petition No. 4743 of 1995 whereby the Vice-Chancellor was directed to consider the representation in accordance with law. On 15-8-1988 election had taken place and thereafter next election took place on 15-8-1991. The Committee of Management so elected in the said election was recognised by the Vice-Chancellor in favour of respondent No. 3. Thereafter the election had taken place on 14-8-1994 as claimed by the respondent No. 3. The petitioners now claimed to have held election on 17-9-1994. By the impugned order dated 17-1-1996 being Annexure-18 to the writ petition, the Vice-Chancellor had come to a finding that there is no dispute on the ground that the petitioner No. 2 is not a member of the general body and, therefore, he had granted recognition to the Committee of Management elected at the behest of respondent No. 3. It is this order which has been challenged by means of this writ petition.

(2.) SHRI Anil Tewari, learned counsel appearing on behalf of respondents No. 1 and 2 and P. N. Tripathi, learned counsel appearing on behalf of respondent No. 3 raised preliminary objection that in view of Section 68 of the State Universities Act, the present writ petition is not maintainable on the ground of existence of adequate alternative remedy as provided in the said section. The next contention that was raised by the learned counsel for the respondents are that in view of Statute 12-07 of the University, it. is the Vice-Chancellor, who can decide the dispute with regard to election of office bearers and while deciding so if the Vice-Chancellor finds that there is no dispute in that event the provision contained in the Statute 12. 28 is not attracted and, therefore, the same cannot be said to be without jurisdiction. As such the same comes within the ambit of Section 68 of the State Universities Act.

(3.) AS contended by Sri Anil Tiwari learned counsel for the University that such recognition is granted by reason of the definition of 'management' as contained in Section 2 (13) of the State Universities Act which defines 'management' in relation to an affiliated or associated college means "the managing committee or other body charged with managing the affairs of that college and recognised as such by the University. "the Vice-Chancellor of the University by reason of the said definition recognises the committee of management, as provided in the Statutes.