B.S. Chauhan, J. - (1.) This writ petition has been filed for quashing the order dated 16.2.2003 (Annexure-1), passed by the respondent No. 1, by which the representation of the petitioner has been rejected.
(2.) Facts and circumstances of the case giving rise to this case are that the petitioner and the respondent No. 2 have been working in the respondent University and the selection of the respondent No. 2 has been in dispute. However, the matter is still pending for consideration before the Lucknow Bench of this Court wherein operation of the order passed by the respondent No. 1 University has also been stayed. The respondent No. 1 issued a tentative seniority list on 20th June, 1998, wherein, the respondent No. 2 has been shown senior to the petitioner. Petitioner being aggrieved made representation to correct the seniority list contending that he was senior to the respondent No. 2. As it was not done, he filed Writ Petition No. 50567 of 2002 before this Court which was disposed of vide order dated 26.11.2002 directing the respondent No. 1 to decide the representation of the petitioner. The respondent No. 1 has rejected the representation by the impugned order dated 16.2.2003 (Annexure-1). Hence, this petition.
(3.) Shri Varshney and Shri U.N. Sharma, learned counsel appearing for the respondents have raised a preliminary objection regarding maintainability of the writ petition, contending that petitioner has approached this Court without exhausting the statutory remedy provided under Section 68 of the U. P. State Universities Act, 1973 (hereinafter called the Act, 1973). Hence, the petition is liable to be dismissed and petitioner may approach the learned Chancellor to decide the controversy.;