Dr. Ajit Singh vs Union Of India And 4 Others
2021 Latest Caselaw 9926 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 491 of 2021
 
Appellant :- Dr. Ajit Singh
 
Respondent :- Union Of India And 4 Others
 
Counsel for Appellant :- Abhishek Mishra,Alok Mishra
 
Counsel for Respondent :- A.S.G.I.,Gautam Baghel,Krishna Raj Singh Jadaun
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Rajendra Kumar-IV,J.

By this appeal, a challenge is made to the judgment dated 23.06.2021 by which the writ petition preferred by the appellant/petitioner was dismissed on the ground of availability of alternative remedy of appeal before the Executive Council.

It is stated that Executive Council in Banaras Hindu University does not exist, thus, the appellant cannot avail the remedy of appeal, therefore, interference in the judgment be made.

This Court directed the counsel appearing for the University to seek instructions as to whether the Executive Council exists or not. On instructions, it is stated that the Executive Council does not exist at present.

In view of the above, we find reason to set aside the order of learned Single Judge dated 23.06.2021 by which the writ petition was dismissed on the ground of alternative remedy of appeal before the Executive Council whereas the Executive Council does not exist presently.

The matter is remanded back to the learned Single Judge.

The objection raised by the Registry is condoned with a direction to restore the writ petition and place before the learned Single Judge for hearing.

The appeal is disposed of with the aforesaid observations.

Order Date :- 9.8.2021

Nirmal Sinha

(Rajendra Kumar-IV, J.) (Munishwar Nath Bhandari, A.C.J.)