The Allahabad high court on Tuesday dismissed a petition filed by Vigyan Parishad challenging resolution by the Allahabad University regarding evicting it from the building inside the University premises from where Vigyan Parishad was running since 1913.
Justice MC Tripathi and justice Prashant Kumar held that the University is justified in asking the Vigyan Parishad to vacate premises which Parishad has been using to carry out commercial activities.
Earlier in June this year, a resolution had been passed by the University in its executive council demanding that the Vigyan Parishad should vacate the premises since it was not being used for the purposes for which it had initially been given and some people were using the premises for commercial purpose.
Vigyan Parishad challenged the resolution by filing the present petition.
The court, after hearing parties concerned, said that when the Vigyan Parishad is accepting that it has been making commercial use of the premises, there is no reason why the university should not ask them to vacate the premises.
The court further clarified that there will be no need for the University to initiate separate legal action for eviction of the petitioners. “The last contention of the petitioners that they cannot be evicted even if the writ petition is dismissed and the respondents have to take separate legal action in the Court of law is also not tenable as the petitioners have invited the judicial pronouncement and once this Court finds that the case set up by the petitioners lacks merit is liable to be rejected, the requirement of “due process of law” stands fulfilled,” the court observed.
{{/usCountry}}The court further clarified that there will be no need for the University to initiate separate legal action for eviction of the petitioners. “The last contention of the petitioners that they cannot be evicted even if the writ petition is dismissed and the respondents have to take separate legal action in the Court of law is also not tenable as the petitioners have invited the judicial pronouncement and once this Court finds that the case set up by the petitioners lacks merit is liable to be rejected, the requirement of “due process of law” stands fulfilled,” the court observed.
{{/usCountry}}With this decision the premises spread over 3712 square metre area and worth between ₹25 crore to 30 crore will come back to the university.
It is to recall that the Vigyan Parishad was founded on March 10, 1913 by four renowned scholars of Muir Central College (now the University of Allahabad) with the object of developing scientific activities in Hindi. The then principal of Muir Central College JP Hennings provided a place for opening an office for the parishad.