- (1.) Heard Mr. H.G.S. Parihar, learned Senior Counsel, assisted by Ms. Meenakshi Singh Parihar, learned counsel for the petitioner, Mr. Raghvendra Singh, learned Advocate General, assisted by Mr. A.N. Trivedi, learned Additional Chief Standing Counsel, for the respondent-State and Mr. Manish Kumar, Advocate with Ms. Kritika Ranjan, learned counsel for respondents 4 to 7.
(2.) Learned Advocate General for the State seeks short adjournment to file counter-affidavit and place relevant materials on record. This being the first date, we are inclined to grant time, as prayed, till 20.03.2018. Learned Senior Counsel for the petitioner, however, insisted for hearing of the petition for interim order. In this backdrop, we have heard counsel for the parties for some time and with their assistance, gone through entire materials placed on record. It would be advantageous to reproduce the prayers made in the writ petition to understand the challenge raised by the petitioner: "(i) issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order(s) dated 17.2.2018 passed by the State Government, if any, under section 27(10), Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009 or any other provision, refraining the petitioner from discharging the functions of office of the Vice Chancellor, Dr. Shakuntala Misra National Rehabilitation University, Lucknow and appointing an acting Vice Chancellor, after summoning the same from the Opposite Parties. (ii) issue a writ, order or direction in the nature of CERTIORARI quashing the impugned decision(s) of the General Council, Dr. Shakuntala Misra National Rehabilitation University, Lucknow dated 17.2.2018 as taken under section 27(9), Dr. Shakuntala Misra Rehabilitation University (For Differently Abled) Uttar Pradesh Act, 2009 or any other provision, if any, for instituting the inquiry against the petitioner after summoning the same from the Opposite Parties. (iii) issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to allow the petitioner to discharge the functions of the office of Vice Chancellor, Dr. Shakuntala Misra National Rehabilitation University, Lucknow and restrain the Acting Vice Chancellor from performing the functions forthwith."
(3.) It appears that the petitioner had earlier filed a writ petition bearing Service Bench No. 19231 of 2017, for the following reliefs: "I) To issue a writ, order or direction in the nature of certiorari quashing the impugned office order dated 16.8.2017 bearing No. 85/Ku.Ki.Karya./ DSMNRU/ 2017-18 issued by respondent No. 5, as contained in Annexure No. 1 to this petition. II) To issue a writ, order or direction in the nature of certiorari quashing the impugned office order dated 16.8.2017 bearing Patrank-86/Ku.Kai. Karya./ DSMNRU/ 2017-18 issued by respondent No. 5, after summoning original of the same, from respondent No. 5. III) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 16.8.2017 bearing order No. 387/65-3-2017-08 (vi.vi.)/2011 passed by respondent No. 2 as contained in Annexure-2 to this writ petition. IV) To issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to continue discharging the functions of Vice Chancellor of Dr. Shakuntala Mishra National Rehabilitation University. (V) To issue such other order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case to protect the rights and interest of the petitioners. (VI) Award the costs of the writ petition." 2. Subsequently, by way of amendment, further following three additional reliefs were prayed for:- "IA) To issue a writ, order or direction in the nature of certiorari quashing the resolution passed by Central Council of University by means of circulation in pursuance whereof 1st impugned office order dated 16.8.2017 has been passed, after summoning original of the same from respondent No. 4. (IB) To issue a writ, order or direction in the nature of certiorari quashing the order passed by the Hon'ble the then Chief Minister, appointing the Principal Secretary, Department of Handicap Welfare, Civil Secretariat, Lucknow, as Enquiry Officer, after summoning original of the same from respondent No. 1. (IC) To issue a writ, order or direction in the nature of certiorari quashing the preliminary/fact finding enquiry report dated 7.4.2017 submitted by the Principal Secretary, Department of Handicap Welfare, Civil Secretariat, Lucknow, after summoning original of the same from respondent No. 1.";