Committee of Management,Robertsganj Sanskrit Mahavidyalaya,District Sonbhadra and Anr. vs Vice-Chancellor Sampuranan and Sanskrit University,Varansi & Ors.

S.H.A. Raza, J.—In the case of Dr. Smt. Kuntesh Gupta v. Management of Hindu Kanya Mahavidyalaya & Ors., AIR 1987 SC 2186, it has already been held by Hon''ble Supreme Court that the ViceChancellor does not possess a power to review his earlier order. That was the solitary example where the Hon''ble Supreme Court did not relegate the petitioner to an alternative remedy, which was available by making a representation to the Chancellor.

In the present case the ViceChancellor recognised the Committee of Management and there after reviewed his order and cancelled the recognition.

It has been vehemently argued by the learned Counsel for the petitioners that the order passed by the ViceChancellor is nonest in as much as the Committee of Management was not given a opportunity to show cause. This contention is rebutted by the learned Counsel for the respondents, who submitted that the Committee of Management filed an objection before the Vice Chancellor.

I need not delve into that issue because I am of the view that the ViceChancellor has committed an error apparent on the face of the record in reviewing his earlier order. The respondents had a remedy to file a representation to the Chancellor under Section 68 of the U.P. State Universities Act against the order passed by the ViceChancellor recognising the Committee of Management, but instead they approached the ViceChancellor to review the order, which the ViceChancellor could not do.

In view of the aforesaid reasons, I am of the view that the order passed by the ViceChancellor reviewing his earlier order is non est and deserves to be set aside.

In view of what has been indicated hereinabove, the writ petition succeeds and is allowed. A writ in the nature of certiorari quashing the impugned order dated 15121998 passed by the ViceChancellor is issued.

However, I provide that in case the respondents prefer a representation against the order of the ViceChancellor dated 9 696 to the Chancellor, the Chancellor will consider the same and pass appropriate order with in three months from the date of presentation of a certified copy of this order before him. Petition allowed.