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ROHIT RANJAN AGARWAL
Committee of Management, Jubilee Sanskrit College Ballia – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Rohit Ranjan Agarwal, J.-A preliminary objection has been raised as to the maintainability of the writ petition under Article 226 of Constitution of India against the order impugned dated 23.6.2024 passed by Vice Chancellor as remedy lies under Section 68 of U.P. State Universities Act, 1973 (hereinafter called as 'Act of 1973') before the Chancellor.
2. The question as to whether an alternative remedy is an absolute bar to the maintainability of the writ petition under Article 226 has been under constant legal vigil of not only the Apex Court but also of this Court. From time to time the Hon'ble Apex Court had dealt with the issue in extenso and in categorical terms held that alternative remedy is not an absolute bar as to the maintainability of a writ petition under Article 226 of Constitution.
3. The matter as to exhaustion of statutory remedy came up for consideration before Hon'ble Apex Court in case of State of U.P. v. Mohammad Nooh, AIR 1958 SC 86 and the Hon'ble Apex Court observed as under :
Alternative remedies do not bar the maintainability of writ petitions under Article 226, especially in cases involving fundamental rights or jurisdictional issues.
The court reaffirmed that a writ petition should not be entertained when an effective alternative remedy exists, except in exceptional circumstances.
Point of Law : Writ petition under Article 226 of the Constitution should not be entertained when the statutory remedy is available under the Act, unless exceptional circumstances are made out.
Point of law : When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy befor....
Quasi-judicial authorities must provide substantiated reasoning in their decisions to ensure fairness in civil rights matters.
Dismissal of an employee without a fair inquiry violates natural justice principles and statutory provisions, making the writ petition maintainable despite alternative remedies.
Quasi-judicial authorities must provide reasoned decisions when determining civil rights; failure to do so renders the decision unsustainable.
The court affirmed that writ jurisdiction under Article 226 is not maintainable when an alternative statutory remedy exists, particularly in private employment disputes.
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