Dilip Gupta, J. - (1.) THE petitioners seek the quashing of the order dated 2nd June, 2010 passed by the Vice -Chancellor of the Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as the 'University').
(2.) THE petitioners had earlier approached this Court by filing Writ Petition No. 32377 of 2010 which was disposed of by the judgment and order dated 28th May, 2010, which is as follows: The petitioners have sought the quashing of the order dated 11th May, 2010 passed by the Vice -Chancellor of the Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as the 'University') by which he has directed that in continuation of the elections proceedings already held, the remaining election proceedings should be held within twenty one days in the presence of the Observer appointed by the University. Sri P.S. Baghel, learned Senior Counsel appearing for respondent No. 4 states that pursuant to the aforesaid order dated 11th May, 2010 passed by the Vice -Chancellor of the University, the elections have been held on 18th May, 2010 and papers have been submitted to the Vice -Chancellor of the University for granting recognition to the Committee of Management of the Institution. Sri Ashok Khare, learned Senior Counsel appearing for the petitioners has raised a number of submissions against the holding of the elections but it will not be necessary to examine the said submissions in this petition as the petitioners can raise all these objections before the Vice -Chancellor of the University. Sri Ajit Kumar Singh, learned Counsel appearing for the respondent -University states that the Vice -Chancellor of the University shall examine the objections filed by the petitioners. In view of the aforesaid, this petition is disposed of with a direction that in the event the petitioners file the objections before the Vice -Chancellor of the University by 31st May, 2010 against the holding of the elections for constituting the Committee of Management of the Institution, the Vice -Chancellor of the University shall consider the same while passing any order on the papers submitted by respondent No. 4. It is expected that the Vice -Chancellor of the University shall not pass any order before 31st May, 2010. It is made clear that this Court has not adjudicated upon the merits of the case, which shall be considered by the Vice -Chancellor of the University in accordance with law. The petitioners filed objections before the Vice -Chancellor of the University on 31st May, 2010. In the impugned order, the Vice -Chancellor of the University has noticed that the objections filed by the petitioners are the same which were raised by the petitioners prior to the passing of the order dated 11th May, 2010 and, therefore, it is not necessary to examine the objections.
(3.) SRI Ashok Khare, learned Senior Counsel appearing for the petitioners submitted that not only this factual averment is incorrect because the petitioners have raised various other objections also before the Vice -Chancellor of the University but even otherwise, in view of the directions issued by the Court, the Vice -Chancellor of the University was required to decide the objections.;