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2009 Supreme(Jhk) 913

N.N.TIWARI
Uday Prasad Singh – Appellant
Versus
Sidho Kanhu Murmu University – Respondent


Advocates appeared:
For the Petitioner:Mr. Anil Kumar, Advocate.
For the University :Mr. S. Piparwall, Advocate.
For Respondent no.5:Mr. A. K. Sinha, Sr. Advocate.

JUDGMENT :

In this writ petition, the petitioner has prayed for quashing Letter no.MGC 24/2007 dated 3rd December, 2007, whereby the decision taken by the Governing Body of the College dated 2nd December, 2007 has been communicated to the petitioner, allowing the Respondent no.5 to continue as Professor-in-Charge of the College.

The grievance of the petitioner is that earlier he was made Professor-in-Chage of the College, but suddenly by the said letter it has been communicated that the Respondent no.5 has been made Professor-in-Charge.

The petitioner has assailed the decision of the Governing Body on two grounds; (i) that it was not a duly constituted Governing Body and (ii) that the required members did not take part in the meeting of the Governing Body and the quorum was not complete. It has been submitted that against the impugned letter, the petitioner has filed a representation before Sidho Kanhu Murmu University on 13th December, 2007, but the same has not been taken note of and no order has been passed till date. The petitioner has, thus, filed this writ petition.

Respondent no.5 as also the University have appeared and contested the claim, disputing the said factual content



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