Rakesh Kumar Singh vs State Of U P And Others

Court No. - 7

Case :- WRIT - C No. - 24619 of 2019 Petitioner :- Rakesh Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jagannath Singh,Sri O.P. Singh (Senior Advocate),Sushil Kumar Rao Counsel for Respondent :- C.S.C.,Daya Shankar Singh,Shiv Badan

Hon'ble Ajay Bhanot,J.

Sri Shekhar Kumar Yadav, learned counsel has entered appearance on behalf of respondent nos. 3 and 4.

Sri G. K. Singh, learned Senior Counsel assisted by Sri Daya Shankar Singh, learned counsel for the respondent no. 5 raises a preliminary objection that the petitioner has alternative remedy of filing a reference, under Section 68 of the U.P. State Universities Act.

Sri O. P. Singh, learned Senior Counsel assisted by Sri Jagannath Singh, learned counsel for the petitioner in his usual fairness does not dispute the aforesaid proposition of law. The learned Senior Counsel recasts his relief, and does not press the relief sought in the writ petition at this stage. The learned Senior Counsel contends that the petitioner shall avail the remedy under Section 68 of the U.P. State Universities Act for redressal of his grievances.

Learned Senior Counsel for the petitioner submits that the petitioner may be permitted to make a reference under Section 68 of the U.P. State Universities Act, within a period of two weeks, and the reference may be decided by the Chancellor, within a stipulated period of time.

In view the submissions made by learned counsel for the parties, it is open to the petitioner to make a reference before the Chancellor under Section 68 of the U.P. State Universities Act. In case, such reference is made within a period of two weeks, the Chancellor shall make all endeavours to decide the same, preferably within a period of four weeks, from the date of receipt of a certified copy of this order.

The writ petition is disposed of.

Order Date :- 13.8.2019 Dhananjai