COMMITTEE OF MANAGEMENT Vs. CHANCELLOR SAMPURNANAND SANSKRIT VISHWAVIDYALAYA

JUDGEMENT

(1.) BEFORE dealing with factual matrix of the three writ petitions, it would be pertinent to mention that there existed some dispute between the two set of the Management Committees, one rep resented by Akhleshwar Chaturvedi who has preferred Civil Misc. Writ Petition No. 23378 of 1988 and the Managing Commit tee headed by Sri Shriniwas Mani Tripathi which was recognised by the Vice-Chan cellor by his order dated 14-8-1985 and the same was also recognised by the Assistant Registrar, Firms and Societies Varanasi vide his orders dated 10-7-1985 and 27-2-1986. Shri Shriniwas Mani Tripathi filed Civil Misc. Writ Petition No. 6563 against the order dated 27-2-1986 and obtained stay order. The Vice-Chancellor on the basis of the stay order of this Court set aside his earlier order dated 14-8-1985 by means of his order dated 12-9-1985.

(2.) THE Committee of Management headed by Shri Akhleshwar Chaturvedi preferred Civil Misc. Writ Petition No. 7116 of 1986 before this Court assailing the selection of the principal. The said writ petition was dismissed on 3rd December, 1987 on the ground of availability of alter native remedy under Section 68 of the Act. Thereafter a representation under Section 68 of the State Universities Act was preferred on behalf of the Committee of Management of institution in question by Shri Akhleshwar Chaturvedi claiming himself to be the Manager of the said Committee of Management.

(3.) IT is well settled that the process of selection starts from the date of advertise ment. The advertisement was issued on 16-11- 1984 much before the amended Statute 11.16 (1) which came into force from 30-10-1985 hence the contention that the selection of Sri S.M. Tripathi as Principal was bad, in view of the amended Statute 11.16 (1) is totally misconceived. According to the University, the Managing Committee headed by Shri Akhlesh-war Chaturvedi was not recognised by the University under the provisions of Section 2 (13) of the Act and clause 12.07 (b) of the statutes. Categorical statement was made by the University that the Managing Com mittee headed by Shri Shriniwas Mani Tripathi was legally constituted Managing Committee.