RITESH KUMAR v. BABA SAHEB BHEEMRAO AMBEDKAR UNIVERSITY LKO. THRU. VICE CHANCELLOR
/11508/2025 · 2025-11-26
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185581 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185581 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11508 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner and Sri Rajesh Tewari learned counsel for the respondent University who has filed short counter affidavit after serving copy on the counsel for the petitioner. The same is taken on record. A preliminary objection has been raised by the respondent regarding maintainability of the petition on two grounds: (i) that the petitioner under the statute of University has a right of filing of an appeal in terms of Section 32(1) of Babasaheb Bhimrao Ambedkar University Act, 1994. (ii) that the petitioner has not approached the Court with clean hands in as much as he has suppressed that a show cause notice was issued to the petitioner and in pursuance thereof, a reply was submitted where the petitioner had taken a stand which apparently, is self incriminating and considering the aforesaid, an order has been passed. The show cause notice and the reply submitted by the petitioner has not been brought on record. Apart from the fact in para-4, statement has been given that the petitioner has not received any notice during the course of the investigation of disciplinary proceedings which apparently is incorrect. Learned counsel for the petitioner after arguing at some length could not dispute the fact that the petitioner has a remedy of filing an appeal under Versus Counsel for Petitioner(s) : Iqbal Ahmad Counsel for Respondent(s) : Rajesh Tewari Ritesh Kumar .....Petitioner(s) Baba Saheb Bheemrao Ambedkar University Lko. Thru. Vice Chancellor .....Respondent(s)
the statute. Be that as it may, since the petitioner has an efficacious remedy, accordingly, the petition is disposed of with the observation that the petitioner in case chooses to avail the remedy of appeal as provided under the statute needless to say that the University concerned shall accord expedition to it and take a decision strictly in accordance with law after affording full opportunity of hearing to the petitioner. It is made clear that the Court has not examined the merits of the case and the petitioner has been non suited solely on the ground of availability of the alternate remedy. November 26, 2025 Harshita.
WRIC No. 11508 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench