COMMITTEE OF MANAGEMENT YAGYA MANDAL SANSKRIT PATHSHALA Vs. VICE CHANCELLOR SAMPURNANAND SANSKRIT VISHWAVIDYALAYA VARANASI

JUDGEMENT

(1.) Committee of Management, Yagya Mandal Sanskrit Pathshala, Shiv Mandir, Sirkoni, Jaunpur through its Manager Janardan Prasad Singh (hereinafter called 'the Institution') filed this petition under Article 226, Constitution of India before this Court praying for a writ in the nature of certiorari to quash the impugned order dated 22-2-1999 (Annexure-9 to the petitioner) and a writ of mandamus commending respondent No. 1 (Vice-Chancellor, Sampurnanand Sanskrit Vishwavidhyala, Varanasi) to comply with the direction of this Court passed on 29-10-1997 in Civil Misc. Writ Petition No. 36497 of 1997 and to permit the students in the forthcoming examination of 1999 scheduled to be held in April/May, 1999 and certain other consequential relief. Respondent-University was granted time to file counter-affidavit vide order dated 19/04/1999 and case was directed to be listed on 30/04/1999.

(2.) On 30/04/1999 counsels were unable to appear and prosecute case due to strike of their Clerks. However, on mention being made by learned Counsel for the petitioners, case was directed to be taken up in Chambers. Learned Counsel for the petitioner also stated that no counter-affidavit was served upon him by that date. Taking into account the pressing circumstance that the students would have otherwise irreparably suffered due to the fact that the case could not be heard at appropriate time, this Court passed an interim order dated 30/04/1999. All the facts, which compelled this Court to pass interim order, have already been indicated therein.

(3.) The contesting respondents (respondents Nos. 1 and 2) have put in appearance. Parties have exchanged counter-affidavit and rejoinder-affidavit. Counsel for the University also produced original record for perusal of the Court.