UNIVERSITY OF ALLAHABAD Vs. CIVIL JUDGE ALLAHABAD

JUDGEMENT

(1.) THE University of Allahabad and others have filed this petition for a writ of prohibition directing the Civil Judge, Allahabad, not to proceed with suit No. 122 of 1974 -Subhash Chandra v. The University of Allahabad and Ors. on the ground that the suit was not maintainable. A further prayer has been made for quashing the order of the learned Civil Judge, dated 19th July, 1974 issuing an ad interim injunction directing the University not to restrain Respondent No. 2 from appearing in the M.A. (Final) Examination.

(2.) RESPONDENT No. 2 was charge -sheeted for certain acts of indiscipline and by an order dated 2nd July, 1974 the Vice Chancellor expelled him from the University. Subhash Chandra filed suit No. 122 of 1974 in the court of the Civil Judge, Allahabad praying for a decree of permanent injunction restraining the Defendants from expelling the Plaintiff from the University and for directing the University to allow him to appear at the M.A. (Final) Examination of 1974. During the pendency of the suit an ad interim injunction was also granted.

(3.) THE Vice -Chancellor in exercise of his powers under the statutes passed the order of expulsion against Respondent No. 2. The order of the Vice -Chancellor could not be challenged in a suit in view of Section 69 of the Act set out above. The learned Civil Judge had no jurisdiction to pass any interim order in that suit as the suit itself was not maintainable.