MAHATMA JYOTIBA PHULE ROHILKHAND UNIVERSITY AND 2 OTHERS v. COMMITTEE OF MANAGEMENT KRISHNA GOPAL MAHAVIDYALAYA AND 5 OTHERS
SPLA/612/2025 · 2025-07-10
Arun Bhansali, Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68560 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68560 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:110767-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 612 of 2025 Appellant :- Mahatma Jyotiba Phule Rohilkhand University and 2 others Respondent :- Committee of Management Krishna Gopal Mahavidyalaya and 5 others Counsel for Appellant :- Rohit Pandey Counsel for Respondent :- C.S.C., Krishna Mohan Garg, Prabhakar Srivastava Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This appeal is directed against the order dated 12.05.2025 passed by the learned Single Judge in Writ-C No. 10279 of 2025, whereby, after hearing the parties and finding that the matter requires consideration, interim order has been granted.
2. The petition was filed by the respondent no. 1 seeking to question the validity of orders dated 07.10.2024, 18.02.2025 and 16.04.2025 passed by the appellants by which the Vice-Chancellor passed the order withdrawing affiliation of the respondent-college on the ground that the college had not complied with the Government Orders dated 16.05.2005 and 26.02.2018. Earlier, an
order dated 19.03.2020 was passed by the Vice-Chancellor requiring the college to remove the shortcomings, which order was assailed before the Chancellor by the college, the challenge remains pending before the Chancellor.
3. Submissions have been made that the order impugned before the learned Single Judge, was essentially as a consequence of the order dated 19.03.2020 and till such time that order dated 19.03.2020 stands, the validity of the consequential order could not have been
assailed by the respondents.
4. It is not in dispute that the challenge continues to remain pending before the Chancellor, i.e. the Governor of the State. It is not the case of the University that the appeal before the Chancellor is not being pursued by the respondents and/or the same is being prolonged for any extraneous reasons. However, as without waiting for the outcome of the pending appeal as the University has chosen to pass the orders impugned, it cannot be said that the respondents were not justified in assailing the said orders before the Court.
5. Learned Single Judge, after noticing the contentions of both the parties, has come to the conclusion that the matter required
consideration, which indication made by learned Single Judge, cannot be faulted.
6. In view thereof, we do not find any reason to interfere with the
order impugned. The appeal is, therefore, dismissed.
Order Date :- 11.7.2025 nd/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad