- (1.) The learned Single Judge has dismissed the writ petition challenging an order of the Vice Chancellor of Dr Bhimrao Ambedkar University, Agra dated 28 September 2015 on the ground that an alternative remedy is available before the Vice Chancellor under Section 68 of the U.P. State Universities Act, 1973 (Act).
(2.) As a matter of fact, from the record, it has emerged that on an earlier occasion, a writ petition Writ C No. 33448 of 2014 filed by the contesting respondent was not entertained by a learned Single Judge on 14 July 2014 on the ground of an alternate remedy under Section 68 of the Act. This order was confirmed in a special appeal Special Appeal No. 648 of 2014 on 7 November 2014 by a Division Bench.
(3.) The grievance of the appellant is that the Vice Chancellor has acted outside jurisdiction and hence a writ petition would be maintainable under Article 226. Undoubtedly, the position that a writ petition under Article 226 should not be entertained in the face of an alternate remedy is a rule of prudence and not an absolute prohibition. There are well known exceptions, such as, where an order is passed without jurisdiction or in breach of natural justice.;