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2020 Supreme(All) 217

BISWANATH SOMADDER, YOGENDRA KUMAR SRIVASTAVA
Abha Sharma – Appellant
Versus
State of U. P. through Principal Secretary, Higher Education – Respondent


Advocates Appeared:
For the Appellant :Radhakant Ojha (Senior Advocate) assisted by Ram Gopal Tripathi, advocate
For the Respondent: Ms. Akansha Sharma, Standing, M.N. Singh, Pankaj Misra

JUDGMENT :

1. The Special Appeal has been preferred in respect of a judgment and order dated 7th January, 2020, passed by a learned Single Judge in Writ – A No.19882 of 2019 (Dr. Smt. Abha Sharma vs. State of U.P. and others). By the impugned judgment and order, the learned Single Judge was pleased to dismiss the writ petition purely on the ground of alternative remedy.

2. This Special Appeal has been preferred by the writ petitioner, namely, Dr. Smt. Abha Sharma.

3. For convenience, the impugned judgment and order is reproduced here-in-below in its entirety:

    “Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri K.B. Dixit, counsel for the petitioner and Sri M.N. Singh, learned counsel for respondent Nos.2 and 3.

The petitioner by means of the present writ petition has made a prayer to quash the impugned order dated 27.11.2019 passed by the Vice Chancellor determining the seniority between the petitioner and respondent no. 6.

A preliminary objection has been raised by counsel for the respondents that the statutory alternate remedy of reference under Section 68 of State Universities Act is available to the petitioner, therefore, the writ petition is not maintainable.

It is contende

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