SRI SATYA PRAKASH SINGH Vs. COMMITTEE OF MANAGEMENT

JUDGEMENT

(1.) S. R. Singh, J. The Special Appeal No. 562 of 1992 is directed against the judgment and order dated 30-7-1997, whereby a learned Single Judge dismissed the Civil Misc. Writ Petition No. 23760 of 1997 on the ground of alternative remedy available to the writ petitioners Satya Prakash Singh and Himanshu Agrawal under Section 68 of the U. P. State Univer sities Act, 1973 (in short the Act ). The said writ petition was filed, inter alia, for the following reliefs: " (i) to issue a writ, order or direction in the nature of certiorari quashing the decision by means of Resolution No. 26 dated 7-5-1997 of the Executive Counsel Annexure-'2' to this writ petition, amended rules approved in its meeting dated 14-6-97 Annexure-'3' to this writ petition. (ii) to issue a writ, order or direction in the nature of mandamus directing the respondent No. 4, the Management Committee of the In stitution to hold the entrance test for the year 1997-98 for the course of B. Sc. Agriculture I. "

(2.) CIVIL Misc. Writ Petition No. 26298 of 1997 has been filed by the Committee of Management of Chaudhary Charan Singh, Shivdan Singh Degree College, Iglas, Mahamaya Nagar and another basically for the self same reliefs which were claimed in the earlier Writ Petition No. 23760 of 1997 filed by the two prospective students Staya Prakash Singh and Himan-shu Agrawal. The reliefs sought in this writ petition are these: " (i) issue a writ, order, or direction in the nature of certiorari quashing the resolution of the Academic Council resolution No. 26 (An-nexure No to the writ petition) and the resolu tion in form of amended rule dated 14-6-1997 (Annexure No. IV to the writ petition) and fur ther the notice and communication dated 2nd June, 1997 (Annexures No. 4 and 5 to the writ petition ). (ii) issue a writ, order or direction in the nature of mandamus restraining the respondent from holding and declaration of result, of al leged entrance examination, 1997 by University by Bhimrao Ambedkar University, Agra as per notification dated 21-6-1997 for B. Sc. (Ag.) 1st year course. (iii) issue a writ, order or direction in the nature of mandamus restraining the respon dents from any interference, in admission mat ter, for course B. Sc. (Ag.) 1st year, conducted by the petitioner's Committee of Management, for its institution. (iv) issue any other suitable writ, order or direction in which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (v) award the costs of the writ petition in favour of petitioners. "

(3.) ALTHOUGH learned Single Judge in his judgment under appeal declined to go into the merits of the question and dis missed the writ petition on the ground of alternative remedy and the self same preliminary objection was raised by Sri Pankaj Mittal in the writ petition filed by the Committee of Management of the College in question, but regard being had to the fact that the question involved is pure question of law and even if the matter is referred to the Chancellor under Sec tion 68 of the Act, it is bound to be agitated by the party aggrieved by the order of the Chancellor, as held by the Supreme Court in Civil Appeal No. 607 of 1995, Dr. Bandl Krishna Agrawal v. State of U. P and Ors. , decided or 10th January, 1995, we are of the considered view that it is not the case where the petitioner may be non- suited on the ground of availability of an alternative remedy. We, therefore, propose to go into the merits of the question involved in these case and accordingly we have heard Sri R. C. Srivastava, Senior Advocate as sisted by Sri Shailendra, for the petitioner appellants and Sri Pankaj Mittal for the respondent University.