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2015 Supreme(All) 1383

MANOJ KUMAR GUPTA
COMMITTEE OF MANAGEMENT, RAJA BALWANT SINGH COLLEGE – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Gautam Baghel and Govind Kumar Singh for the Petitioners; C.S.C., Arvind Kumar Singh and Vivek Verma for the Respondents.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Gautam Baghel on behalf of the petitioners, learned standing counsel on behalf of respondent No. 1, Sri Gajendra Pratap, learned Senior Counsel assisted by Sri Vivek Verma on behalf of the respondents No. 2 and 3 and Sri Ashok Khare, learned Senior Counsel assisted by Sri Arvind Kumar Singh II on behalf of respondent No. 6.

2. The order under challenge dated 28.9.2015 has been passed by the Vice-Chancellor of Dr. B.R. Ambedkar University, Agra, whereby he has refused to recognize the rival committees of management of the college set up by the petitioners and the private respondents for purposes of Section 2 (13) of the U.P. State Universities Act, 1973 (Act). The operative part of the order passed by the Vice-Chancellor reads as under :

“Both the rival Committees of Management of the College, for the reasons stated hereinabove, are since illegally constituted, none of them is entitled to be recognized under Section 2(13) of the Act.

The Board of Management which elected the first party’s Committee of Management is entitled to elect and constitute the College Committee.

The Committee o










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