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2022 Supreme(All) 1079

ASHUTOSH SRIVASTAVA
S. N. Sen Balika Vidyalaya – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prabhakar Awasthi.
For the Respondent: Sarvesh Kumar.

JUDGMENT :

ASHUTOSH SRIVASTAVA, J.

1. Heard Sri G.K. Singh, learned Senior Advocate assisted by Sri Prabhakar Awasthi, learned counsel for the petitioners, Sri Sarvesh Kumar, learned counsel for the caveator/respondent No. 5 and the learned Standing Counsel representing the State-respondents.

2. The instant writ petition has been filed assailing the order dated 29.7.2022 (Annexure-17 to the writ petition) passed by the State Government, Higher Education Department, whereby exercising powers under Section 58 of the U.P. State Universities Act, 1973 the petitioners-Committee of Management has been superceded and the District Magistrate, Kanpur Nagar has been appointed as the Authorised Controller for a period of next one year or till further orders whichever occurs earlier. A challenge to the consequential order dated 30.7.2022 passed by the District Magistrate, Kanpur Nagar/Authorised Controller/respondent No. 3 whereby he has proceeded to delegate his authority to discharge his duties as Authorised Controller in favour of the Sub-Divisional Magistrate, Sadar Kanpur Nagar has also been laid.

3. The facts shorn of unnecessary details giving rise to the present proceedings are that the pe

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