- (1.) HEARD Shri Anil Tewari, learned Senior Counsel for the appellant; learned standing counsel for respondent no.1, Shri Shashi Prakash Singh, learned counsel for respondent nos.2 and 3, Shri Sandeep Dixit, learned counsel for respondent nos.4 and 5 and Shri J.N. Mathur, learned Senior Counsel for respondent no.7.
(2.) THIS special appeal is directed against the judgment of the learned Single Judge, who had dismissed the writ petition on the ground of alternative remedy calling upon the appellant to approach the Chancellor under Section 68 of the U.P. State Universities Act, 1973, and for getting his grievance redressed against the order passed by the Vice Chancellor dated 19.9.2014.
(3.) THE appellant, who was working as a President is alleged to have been removed by a no confidence motion. His continuance, as office bearer, therefore, came to be disputed and the respondents contend that the appellant has been replaced. It is this dispute that travelled to the Vice Chancellor for decision under Section 2 (13) of the Universities Act, 1973 read with the First Statute of the Lucknow University (referred to hereinafter). Shri Anil Tiwari, learned counsel for the appellant submitted that in the impugned judgment even though the learned Single Judge had noticed that the order has been passed in violation of principles of natural justice, yet did not record any reasons to indicate as to how the principles of natural justice have been observed by the Vice Chancellor while proceeding to pass the order so as to relegate the appellant to the alternative remedy.;