The Chancellor by his order dated 28.5.1997, dismissed the representation by observing that this Court had dismissed the appeal and has approved the order passed by the Vice Chancellor, Bundelkhand University and, therefore, there was numberjustification to challenge the said order under Section 68 of the U.P. State Universities Act.
Thereafter, petitioner approached the High Court by filing Civil Miscellaneous Writ Petition No.41877/1997.
This would number make any difference because if petitioner was aggrieved by the impugned order passed by the Vice Chancellor, he ought to have resorted to appropriate proceedings at the relevant time or to have joined himself as party respondent in the appeal filed by the Management.
However, it is companytended that the order passed by the Vice Chancellor was stayed by this Court and, therefore, the petitioner companytinued in service till disposal of the Civil Appeal by this Court in February 1997.
It is apparent that the Management was justifying the appointment of the petitioner and challenged the order before the High Court.
D 14648/97 which was dismissed.
The petitioner, if at all, was aggrieved by the order passed by the Vice Chancellor in February, 1985, ought to have challenged the said order at the relevant time.
Further, once the Vice Chancellor has number approved the appointment of the petitioner, it was obvious that his companytinuation on the post was illegal and against the statutory provision.
Subsequently, petitioner approached the Chancellor of the University by filing a representation.
It appears that learned senior Counsel sought permission to withdraw the petition and, therefore, Court passed the order, the writ petition is dismissed as withdrawn.
That order was challenged before this Court by filing a Writ Petition No.
