Vivek Shukla vs State Of Uttarakhand And Others
2022 Latest Caselaw 2291 UK

      IN THE HIGH COURT OF UTTARAKHAND AT
                    NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
      JUSTICE SHRI RAMESH CHANDRA KHULBE

         WRIT PETITION (PIL) No.45 OF 2021

                        26TH JULY, 2022



Vivek Shukla                                  ...... Petitioner

                                Vs.

State of Uttarakhand and others             ...... Respondents


Presence: -
Shri Vivek Shukla - petitioner in person.
Shri Vikas Pande, learned Standing Counsel for the State/ respondent
no.1&3.
Dr. K.H. Gupta and Rafat Munir Ali, learned counsel for respondent
no.2.
Mr. Arvind Vashisht, learned senior counsel assisted by Mr. Munish
Bhardwaj, learned counsel for respondent no.4,6 & 8.
Mr. V.K. Kohli, learned senior counsel assisted by Mr. Kanti Ram,
learned counsel for respondent no.5.

JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)


            The petitioner, who appears in person, has

preferred the present writ-petition to seek the following

relief(s): -

                 "(i) to issue a writ, order or direction in
                the nature of mandamus commanding
                and directing the respondent no. 1 to
                initiate exercise as per Sec 57 & 58 of
                the State Universities Act, 1973 and
                appoint and authorized controller for the
                college till the problems of the college
                are solved.

                (ii) to issue a writ, order or direction in
                the nature of mandamus commanding
                and directing the respondent no. 3 to
               initiate exercise as per section 24 of the
               Societies Regulation Act, 1860.

               (iii) issue any other order or direction
               which this Hon'ble Court may deem fit
               and      proper  in   the    facts  and
               circumstances of the present case."

2)      The submission of the petitioner is that respondent

no.5 - Bharat Heavy Electrical Limited (BHEL) entered into

an    agreement      with    respondent        no.4   i.e.    Chinmaya

Educational        Society    on        12.10.1989           whereunder

respondent no.4 was to set up and to run a science

college. Admittedly, the said college was set up and is

running even today. According to the petitioner, disputes

and differences have arisen between BHEL, on the one

hand, and respondent no.4 Chinmaya Educational Society,

on the other. On account of the said differences, which are

reflected in the correspondence exchanged between them

and copies of which have been placed on record, the

petitioner seeks the aforesaid reliefs.

3)      Both the Chinmaya Educational Society and Bharat

Heavy Electrical Limited are responsible organizations and

despite some differences that they may have, admittedly,

the college is still running.

4)      We fail to understand as to what is the concern of

the   petitioner     when    the       two   organizations      are   in

correspondence       with    each      other    and    despite     their


                                   2
 differences they are continuing to run the college.

5)      In our view, the petitioner is a busybody and has

no cause to prefer this petition.

6)      We, accordingly, dismiss the present writ-petition.

7)      In sequel thereto, all pending applications stand

disposed of.



                                     ________________
                                      VIPIN SANGHI, C.J.


                          ________________________
                          RAMESH CHANDRA KHULBE, J.

Dated: 26th July, 2022 BS/SS