- (1.) Heard Shri H.S. Jain and Ms. Ranjana Agnihotri, learned counsel for the petitioner-appellant applicant and Shri Vijay Krishna learned counsel for vice chancellor and other authorities of Bhatkhande Music Institute University Lucknow, opposite parties 4 to 9. Through this review petition review of our judgment dated 20.8.2013 given in special appeal no. 814 of 2012 Vishesh Narain Misra vs. Stateof U.P. And others has been sought. The special appeal was directed against judgment and order dated 05.11.2012 delivered by an Hon'ble Single Judge of this Court in Miscellaneous single no. 3947 of 2012 filed by the applicant. Two paragraphs of the said judgment which were quoted in our judgment dated 20.8.2013 are again quoted below : - "To end the litigation, both the parites have agreed that once again, the thesis will be examined by an impartial and independent U.G.C. Expert of the subject, for which, the peittioner will submit the fee once again, as per the Rules of the University. In the interest of justice and with the consent of both the parties, Professor Dr. Indrani Chakravarti, for mer Vice Chancellor of Indra kala Sangeet University, Khairagarh is hereby appointed as an expert (Mobile no.096523-92725)."
(2.) In our judgment dated 20.8.2013, we had noted that learned counsel for the appellant had argued that he had not agreed before the learned single judge. We dismissed the appeal in view of the Supreme court judgment reported in State of Maharashtra vs. R.S. Naik., 1982 AIR(SC) 1249 and permitted the petitioner appellant to file application/ review application before the same Hon'ble Judge who had decided the application.
(3.) In this review petition on 27.11.2013 and 05.12.2013 following orders were passed on order sheet : - "Heard Shri H.S. Jain and Ms. Ranjana Agnihotri, learned counsel for applicant in the review petition. Learned counsel have argued that inspite of concession having been made, Hon'ble Single Judge should have decided the writ petition on merit as the concession was against law. Let applicant file an affidavit categorically admitting that the concession as mentioned in the judgment of the Hon'ble Single Judge was made in fact. As prayed, list on 05.12.2013." Order date : - 27.11.2013 "Learned counsel for petitioner has filed affidavit of applicant stating therein that concession was in fact made before the Hon'ble Single Judge. Heard Shri H.S. Jain and Miss. Ranjana Agnihotri learned counsel for applicant and Shri Vijay Krishna, learned counsel for respondent University. Order reserved. Learned counsel for respondent University is directed to supply copy of the University Regulations by 09.12.2013." Order date : - 05.12.2013;