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2018 Supreme(Chh) 107

SANJAY K.AGRAWAL
Rajendra Kumar Bagherwal, S/o Late B. C. Bagherwal – Appellant
Versus
Chhattisgarh Kamdhenu Vishwavidyalaya – Respondent


Advocates Appeared:
For the Petitioner:Mr. Abhishek Sinha, Advocate.
For the Respondent:Mr. R.N. Singh, Senior Advocate with Mr. Arpan Pawar, Mr. A.S. Kachhawaha and Ms. Aishwarya Singh, Advocates, Mr. A.S. Kachhawaha, Advocate, Mr. Dilman Rati Minj, Deputy Govt. Advocate, Mr. Abhishek Vinod Deshmukh, Advocate, Mr. Manish Nigam, Advocate, Mr. Chandresh Shrivastava, Advocate.

ORDER :

1. The Chancellor of the Chhattisgarh Kamdhenu Vishwavidyalaya (for short, 'the University') in exercise of power conferred under Section 9(1) of the Chhattisgarh Kamdhenu Vishwavidyalaya Act, 2011 (for short, 'the Act of 2011') constituted a Search Committee consisting of three members namely (1) Mr. Sarjaius Minj, Chairman of the Committee being the nominee of Chancellor; (2) Dr. A.K. Mishra – respondent No.6 herein, Member as a nominee of the State Government; and (3) Dr. P.D. Juyal – respondent No.5 herein, Member as a nominee of the Executive Council of the University, by order dated 12-4-2017 and it was amended on 17-4- 2017. The petitioner as well as respondent No.4 apart from other candidates made their candidature for the post of Vice-Chancellor. Formal advertisement was also issued for the post of Vice- Chancellor. Thereafter, on 14-6-2017, the petitioner herein filed this writ petition alleging that respondent No.5 is disqualified to act as a member of the Search Committee constituted under Section 9(1) of the Act of 2011 on the ground that he has been appointed as a nominee of the Executive Council of the University in a meeting of the Executive Council chaired b























































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