SURESH CHANDRA CHOUBEY Vs. CHANCELLOR KASHI VIDYAPITH

JUDGEMENT

(1.) THESE two petitions namely writ petition No. 14314 of 1988 (for short I petition) and writ petition No. 14313 of 1988 (for short II petition) involve similar questions of law and facts hence it is convenient to dispose of them by a common judgment.

(2.) IN the first petition order dated 11th May, 1988 and in the II petition order dated 20-5-1988 are shought to be quashed. These are the orders ouroorting to have been passed by the Chancellor in exercise of powers under section 68 of the U. P. State Universities Act (for short the Act) rejecting the application for grant of interim stay moved by the petitioners, on the ground that there was no provision under the Act to grant interim relief pending disposal of the representation.

(3.) PROVISIONS of section 68 of the Act have been quoted in the case of Committee of Management D.A.V. Degree College Muzaffarnagar (supra). Under section 68 the provisions are that against any decision of any authority or officer of the University where the order is not in conformity with the Act, Ordinance or Statutes, the matter may be referred to the Chancellor. It's first proviso provides that suo moto reference can be entertained even after expiry of the period required under proviso 1 to section 68 of the Act. II proviso ' b ' is to the following effect :