1 2025:CGHC:48267-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1234 of 2023 Dr. Shahid Ali S/o Late Hidayat Ali Aged About 58 Years Occupation - Service, Associate Professor, Kushabhau Thakre, Patrakarita Avam Jansanchar University, Kathadih, P.O. Sundar Nagar, Raipur Chhattisgarh. 492013 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya Atal Nagar, Raipur Chhattisgarh 2 - Kushabhau Thakre, Patrakarita Avam Jansanchar University, Through It Is Registrar, Kushabhau Thakre, Patrakarita Avam Jansanchar University, Kathadih, P.O. Sundar Nagar, Raipur Chhattisgarh, 492013 3 - Baldev Bhai Sharma S/o Shri Mangi Lal Aged About 68 Years Office Of The Vice-Chancellor, Kushabhau Thakre, Patrakarita Avam Jansanchar University, Kathadih, Raipur Chhattisgarh. 4 - The University Grants Commission, Through Its Secretary, Bahadur Shah Jaffar Marg, New Delhi. 110002. ... Respondent(s) MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.09.19 19:09:59 +0530 2 For Petitioner(s) : Mr. Neeraj Choubey, Advocate For Respondent(s) : Mr. Prafull N. Bharat, A.G. with Mr. Sangharsh Pandey, G.A., Mr. Jitendra Nath Nande and Mr. Vikram Sharma, Advocates Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 19.09.2025 1. Heard Mr. Neeraj Choubey, learned counsel for the petitioner. Also heard Mr. Prafull N. Bharat, learned Advocate General with Mr. Sangharsh Pandey, learned Government Advocate for respondent No.1 / State as well as Mr. Jitendra Nath Nande and Mr. Vikram Sharma, learned counsel for respective respondents. 2. The petitioner has filed this petition praying for following relief:- “I. That, this Hon'ble Court may kindly be pleased to issue appropriate writ in the nature of quo warranto and declare the appointment of the respondent no.3 as Vice-chancellor in the University is bad under the law and consequently set aside, quash the impugned order dated 02.03.2020 (Annexure-P/1) by declaring the same is void, non-est. and non- operative in law. II. That, the Hon'ble High Court may kindly be pleased to direct the respondent state to recover all the fund spend by respondent University to the respondent no. 3. III. That, the Hon'ble High Court may kindly be pleased to constitute the high level independent committee to enquire the matter regarding the 3 appointment of respondent no. 3 and further direct the State Government to take the appropriate action against the responsible persons. IV. That, the Hon'ble High Court may kindly by pleased to stuck down the amendment in sub section 8 of section 11 of the C.G. Kushabhau Thakre, Patrakarita Avam Jansanchar University act 2004 by declaring the same is ultra-virus, arbitrary, unreasonable and irrational. V. That the Hon'ble court may kindly be pleased to issue appropriate writ's / order's/direction's /relief's, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner as well as respondents jointly submit that so far as Clause 10.1, 10.2 and 10.3 of the relief clause are concerned, they have become infructuous as the petitioner has already superannuated from his service. 4. However, so far as Clause 10.4 of the relief is concerned, learned Advocate General submits that the amendment has already been carried out by the State in sub-section 8 of Section 11 of the C.G. Kushabhau Thakre, Patrakarita Avam Jansanchar Univerty Act, 2004. 5. In view of the same, the present petition stands dismissed, with liberty to the petitioner to take recourse to law, if any further cause of action arises against the petitioner. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet