LAWS(MPH)-2019-8-156

VICE CHANCELLOR, ATAL BIHARI VAJPAYEE HINDI VISWAVIDYALAYA, BHOPAL Vs. MADHYA PRADESH RAJYA ANUSUCHIT JATI AAYOG

Decided On August 29, 2019
Vice Chancellor, Atal Bihari Vajpayee Hindi Viswavidyalaya, Bhopal Appellant
V/S
Madhya Pradesh Rajya Anusuchit Jati Aayog Respondents

JUDGEMENT

(1.) By the instant petition, the petitioner/ University is challenging the order dated 11.01.2018 (Annexure-P/1) passed by the Commission/respondent No.l mainly on the ground that the Commission/respondent No.l has no jurisdiction to issue any direction as has been issued by the order impugned.

(2.) The learned counsel for the petitioner submits that the Commission/respondent No.l exceeded its jurisdiction and infact has given threat to the petitioner/University for initiating criminal action against them. To bolster his submission, the learned counsel for the petitioner/University has placed reliance upon a decision of the Delhi High Court reported in (2013) SCC Online Del 2229 parties being National Seed Corporation Limited Vs. National Commission for SC and ST and another. He further submits that the order impugned is without any competence and therefore, the same deserves to be set aside.

(3.) Per contra, the learned Panel Lawyer submits that the petition suffers from delay and laches and no sufficient explanation has been given by the petitioner in this regard. He further submits that as per Section 10 of the Madhya Pradesh Rajya Anusuchit Jati Ayog Adhiniyam, 1995, the Commission/respondent No.l has ample power to issue any direction and as such, the order impugned is well within the competency of the Commission.