A.N. Varma, J. - (1.) Heard Sri A.N. Singh learned counsel for the petitioner as well as Sri R.N. Singh and Sri M.D. Misra who are representing Sri Badri Narain Jaisawal, the respondent No. 1.
(2.) Sri Bashist Lal Srivastava claiming himself to be the Manager of the Committee of Management of Ramji Sahai Degree College Rudrapur, Deoria has filed this Petition for the relief of a writ of mandamus directing the respondent to hold the election of the Committee to Management of the said Degree College on the basis of the list of the members of the general body of the Society which runs the aforesaid Degree College as well as an Intermediate College. It is contended that the list dated 7.3.1986 having been approved by this Court in writ petition No. 4753 of 1986 by its decision dated 5.1.1988, elections to the Managing Committee of the Degree College should also have been held on the basis of the same list.
(3.) The impugned elections to the Committee of Management have admittedly already been held on 17.1.1988. We, however, do not propose to pronounce on the correctness or otherwise of the contention raised by the learned counsel for the Petitioner in regard to the validity of the impugned elections as in our opinion they have a clear alternative remedy available to them for the adjudiction of disputes pertaining to the management of the concerned Degree College. Statute No. 13.34 of the first Satutes framed under the U.P. State Universities Act for Gorakhpur University, to which this Degree College affiliated, provides that whenever there is a dispute regarding the management of an affiliated College persons found by the Vice Chancellor to be in actual possession and control of the College properties may for the purposes of the U.P. State Universities Act and the said statutes be recognised to constitute the management of such College until a court of competent jurisdiction orders otherwise.;