- (1.) Petitioner before this Court is a minority constituent college of the University of Allahabad which is aggrieved by the action of the University in suspending its Governing Body and appointing an Authorized Controller to perform such functions. This action is subject matter of challenge in Writ Petition No.30363 of 2018. While this petition remained pending a subsequent cause arose for the petitioner for which a subsequent Writ Petition No.3266 of 2019 has been filed. An order of the Vice-Chancellor dated 21st February, 2019 appointing an Officiating Principal is challenged in this petition essentially on the ground that right of a minority institution to appoint its Officiating Principal cannot be taken away in view of Constitutional safeguard provided to minority institution by virtue of Article 30 of the Constitution of India. It was the writ petition no.3266 of 2019 which was placed before the Court, first. The Court was apprised that action of University in suspending the Governing Body and appointing Authorized Controller is already subjudice before this Court in writ petition no.30363 of 2018 on similar grounds. Having noticed such facts and after hearing the counsel for the petitioner as well as the Senior Counsel for the University, the Court proceeded to pass following orders on 28.2.2019 in Writ Petition 3266 of 2019:- "Supplementary affidavit filed today is taken on record. Attempt on part of the University to appoint a Principal in the petitioner minority institution has been subject matter of challenge in successive petitions. The ground of challenge primarily is that such right vests with the minority institution and that the University has no jurisdiction to pass orders in that regard. On behalf of the respondents, it is pointed out that the Committee of Management stands superseded with the appointment of Administrator to manage the affairs of the institution concerned. This action is also subjudice before this Court in Writ Petition No. 30363 of 2018. Court is informed that affidavits have been exchanged in that matter. In the opinion of the Court, it would be appropriate that this petition be also heard alongwith records of Writ Petition No. 30363 of 2018. Let this petition be placed before Hon'ble the Chief Justice for assigning both matters to be heard by one Court. Let this matter be placed before appropriate Court in terms of the order passed by Hon'ble the Chief Justice, if possible, as fresh on 7.3.2019."
(2.) Pursuant to the aforesaid orders passed, the office has placed records of both the connected writ petitions before this Court in terms of the directions of Hon'ble the Chief Justice. On 7.3.2019, following orders were passed in Writ Petition No.3266 of 2019:- "Let this matter appear tomorrow i.e. on 8.3.2019 as a first case in the additional cause list."
(3.) Pursuant to the aforesaid order, both the writ petitions have been taken up together and heard at length. Since affidavits were already exchanged in the writ petition no.30363 of 2018, it was taken to be the leading case. Arguments were also advanced from both sides on the premise that the writ petitions would be disposed of together. However, when the Court proceeded to dictate orders in open Court, learned Senior Counsel for the University, on the basis of instructions received, submitted that since counter affidavit has not been filed in the Writ Petition No.3266 of 2019, therefore, the writ petition no.3266 of 2019 be not decided finally, and that the University be granted time to file a counter affidavit. In such circumstances, while Writ Petition No.30363 of 2018 is being disposed of finally, at the admission stage itself with the consent of the learned counsel for the parties the consideration in other writ petition no.3266 of 2019 is being confined to the interim application alone, on which separate orders are being passed today itself. Detailed facts since have been noticed in the present petition and the controversy in Writ Petition No.3266 of 2019 also arises out of same facts as such the recital of facts in this order would be read in the order of the date passed in Writ Petition No.30363 of 2018.;