COMMITTEE OF MANAGEMENT, JUNTA DEGREE COLLEGE, RANIPUR, MAU Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1990-12-110
HIGH COURT OF ALLAHABAD
Decided on December 14,1990

Committee Of Management, Junta Degree College, Ranipur, Mau Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

B.P. Jeevan Reddy, C.J. - (1.) This special appeal is preferred against an order of the learned single judge dismissing the writ petition at the stage of admission. The writ petition was directed against an order dated 26/27th July 1990 (Annexure 11) passed by the State Government extending term, of the Authorised Controller for a period of one year. The order impugned in the writ petition reads as follows : "Ref. Your L/No. 99-100/89 dated 11 June/90 reg. appointment of authorised controller in Janta Degree College. Ranipur Mau Government have extended term of authorised controller for a further period of one year in continuations of Government order No. 2277/XV-11-89-3(22) 86 dated 28 July, 1989. Formal order follows
(2.) Earlier proceeding were taken under Sections 57 and 58 of the U.P. State Universities Act,1973. A show cause notice was given to the petitioner calling upon him to explain as to why an Authorised Controller be not appointed to rectify the irregularities mentioned in the said notice. The petitioner showed cause, after considering which B.A. order dated 28th July, 1989 an Authorised Controller was appointed for a period of one year. It is that appointment which has been now extended for one more year under the order impugned in the writ petition.
(3.) The contention of the petitioner in the writ petition was that before extending the term of the Authorised Controller, no opportunity of hearing was afforded to the petitioner. It was also contended that the order of extension is not a speaking order and on that account also it is violative of principles of natural justice. The learned Single Judge, however, dismissed the writ petition observing that the contention raised on behalf of the petitioner is not sustainable. It was observed that it is open to the petitioner to approach the authorised for withdrawing the order extending the term of the Authorised Controller.;


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