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1987 Supreme(SC) 752

M.M.DUTT, RANGANATH MISRA
Kuntesh Gupta – Appellant
Versus
Management Of Hindu Kanya Mahavidyalaya, Sitapur (U. P. ) – Respondent


Advocates:
DILIP TANDON, P.N.Bhat, R.A.GUPTA, R.B.MAHATO, R.K.JAIN, R.P.GUPTA, S.N.KACKAR

Judgement

DUTT, J. :- Both the parties have made elaborate submissions at the preliminary hearing of the special leave petition filed by the appellant Dr. Smt. Kuntesh Gupta. The special leave is granted and we proceed to dispose of the appeal on merit.

2. The appeal is directed against the judgment of the Allahabad High Court dismissing the writ petition of the appellant on the ground of existence of an alternative remedy under S. 68 of the U.P. State Universities Act, 1973.

3. The appellant, Dr. Smt. Kuntesh Gupta, was appointed the Principal of Hindu Kanya Mahavidyalaya, Sitapur, U.P., on June 4, 1984 and was confirmed in the said post on May 4, 1985. In view of existence of two unrecognised rival Committees of Management the State Government, in exercise of its power under S. 58 of the U.P. State Universities Act, appointed one of the Additional District Magistrates of the District the Authorised Controller of the Institution. The Authorised Controller was entitled to exercise all the powers of the Committee of Management.

4. It appears that the appellant, as the Principal of the Institution, and the Authorised Controller could not see eye to eye with each other and there were disp











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