COMMITTEE OF MANAGEMENT, SHRI BHAGWAN MAHABIR MAHAVIDYALAYA, PAWA NAGAR, FAZILNAGAR, KUSHINAGAR THROUGH ITS MANAGER SRI ASHOK KUMAR JAIN AND ANOTHER Vs. VICE-CHANCELLOR, DEEN DAYAL UPUDHYAYA GORAKHPUR UNIVERSITY, GORAKHPUR AND ANOTHER
LAWS(ALL)-2006-11-255
HIGH COURT OF ALLAHABAD
Decided on November 06,2006

Committee of Management, Shri Bhagwan Mahabir Mahavidyalaya, Pawa Nagar, Fazilnagar, Kushinagar through its Manager Sri Ashok Kumar Jain Appellant
VERSUS
Vice-Chancellor, Deen Dayal Upudhyaya Gorakhpur University, Gorakhpur Respondents

JUDGEMENT

VINEET SARAN, J. - (1.) HEARD Sri R.K. Ojha, learned Counsel appearing for the petitioners as well as Sri B.D. Pandey, learned Counsel appearing for the respondent No. 1-University and Sri O.P. Srivastava, learned Counsel appearing for the contesting respondent No. 2. With the consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.
(2.) THE dispute in this writ petition is with regard to the recognition granted to the Committee of Management of the respondent No. 2 by order dated 13.9.2006 passed by the Registrar of the respondent-University. The said order has been passed by the Registrar of the University on the basis of certain orders already having been passed by the Vice-Chancellor on the application of respondent No. 2 dated 7.9.2006. On 30.10.2006, this Court had granted time to Sri B.D. Pandey, learned Counsel appearing for the respondent-University to obtain instructions and produce the copy of the order of the Vice-Chancellor on the basis of which the order dated 13.9.2006 has been passed.
(3.) THE contention of the learned Counsel for the petitioners is that after expiry of the term of the Committee of Management, on 3.9.2006, fresh elections of the Committee of Management had been held in which the petitioner No. 2 was elected as Manager/Secretary of the Committee of Management regarding which papers were sent for approval to the Vice-Chancellor on 4.9.2006, which were received in the office of the Vice-Chancellor on 8.9.2006.;


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