Manoj Kumar Gupta, J. - (1.) The instant writ petition is directed against an order dated 5.5.2018 passed by the Vice Chancellor, Veer Bahadur Singh Purvanchal University, Jaunpur, the third respondent in exercise of power under Section 2 (13) of the U.P. State Universities Act, 1973 ('The Act') and Statute 10.34, pursuant to direction of this Court dated 27.10.207 in Writ-C No.47930 of 2017. The order recognises the fourth respondent as validly elected Committee of Management of D.A.V. Post Graduate College, Azamgarh which is affiliated to the University.
(2.) Sri G.K. Singh, learned senior counsel assisted by Sri J.P. Singh appearing on behalf of respondent no.4 raised a preliminary objection against the maintainability of the writ petition contending that the petitioners have an efficacious alternative statutory remedy of filing Reference under Section 68 of the Act before the Chancellor and, therefore, this writ petition should not be entertained and the petitioners should be relegated to the remedy provided under the Statute.
(3.) On the other hand, Sri Ashok Khare, learned senior counsel assisted by Sri Sunil Kumar Srivastava appearing on behalf of the petitioners submitted that the third respondent, while passing the impugned order, has failed to return a finding on the issue of effective control of the affairs of the institution, as directed by this Court by its previous order dated 27.10.2017 in Writ-C No.47930 of 2017 and therefore, no factual aspect is required to be examined. It is urged that in such circumstances, alternative remedy would not be a bar to the maintainability of the instant petition.;