C/M Shri Durga Ji Post Graduate ... vs The State Of U.P. And Others
2011 Latest Caselaw 4753 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 52564 of 2011
 

 
Petitioner :- C/M Shri Durga Ji Post Graduate College And Another
 
Respondent :- The State Of U.P. And Others
 
Petitioner Counsel :- S.M. Mishra,M.D. Singh Shekhar
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Sunil Hali,J.

Heard learned counsel for the parties.

Contention of the learned counsel for the petitioner is that Authorized Controller was appointed on 16th January, 2008. This order was extended by taking recourse to provision of Section 58(1) U.P. State Universities Act and reasoned order has been passed on 25th July, 2011. It is contended that the grounds for appointing authorized controller are reflected in Section 57 of U.P. State Universities Act. None of the grounds indicated in Section 57 of U.P. State Universities Act are available in the orders impugned. The issue on the basis of which the Authorized Controller was appointed relate to some appointment being made of Class IV employees. It is further contended that the periodical extension is granted in extending the term of Authorized Controller mechanically without satisfying as to whether the grounds for appointing an Authorized Controller exist or not.

Learned Standing Counsel was granted time to seek instructions in the matter.

Learned Standing Counsel prays for and is granted two weeks' time to file counter affidavit. Petitioner will have one week thereafter to file rejoinder affidavit.

List thereafter.

Till the next date of listing, the effect and operation of the impugned order dated 16.1.2008 and consequential extension order dated 25.7.2011, passed by respondent No.1 shall remain stayed.

Order Date :- 20.9.2011

NS

(Justice Sunil Hali)