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2023 Supreme(All) 934

SURYA PRAKASH KESARWANI, ANISH KUMAR GUPTA
Rakshapal Singh – Appellant
Versus
Prof. Chandra Shekhar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohammad Aon, Mohd. Parvez
For the Respondent: C.S.C., Rizwan Ali Akhtar, Shashi Prakash Rai, Shivendu Ojha

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri Gopal Krishna, learned counsel for the petitioner, Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for the respondent no. 1, Sri A.K. Singh, learned Senior Advocate assisted by Sri Shashi Prakash Rai, learned counsel for respondent no. 2/University, Sri Bharat Pratap Singh, learned Additional Chief Standing Counsel for the respondent no. 3 and Sri Rizwan Ali Akhtar, learned counsel for the respondent No.4/UGC.

Facts:-

2. Briefly stated facts of the present case are that the respondent No.1 has been appointed as the Interim (first) Vice Chancellor of the respondent No.2-University (a new University), i.e. Raja Mahendra Pratap Singh State University, Aligarh (for short ‘RMPSS University’) by a Government Order No.600/lRrj-1-2021-16(26)/2019 dated 30.12.2021, issued in exercise of powers conferring under Section 4(1-B) of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as ‘the U.P. Act, 1973’). The petitioner has filed the present writ petition praying for a relief in the nature of a writ of Quo Warranto to declare appointment of the respondent No.1 as void ab-initio and conse

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