In the present case notices through R.P.A.D. had been sent to respondent No.3, viz., M.D. College, Agra through its Manager. Neither undelivered cover nor acknowledgment due has been returned back after service. Enieer allegations in the present writ petition, in effect, are against respondent No.3 and the fact of the matter is that said respondent has not come forward, so far, before this Court. In paragraph 12 of the writ petition, the petitioner has averred that he had been allotted Roll No.7189033 and appeared in Theory examination conducted by the University itself on 22.02.2009. In reply to the said averments in the counter affidavit, it has been stated that the petitioner has not filed admit card. Further averment has been mentioned that in the record of the University, no record in relation to petitioner is available. Once such is the factual situation that the averments which are factual in nature and respondent No.3 is not coming forward, and Dr. B.R. Ambedkar University, Agra being the affiliating University, its Registrar is directed to make enquiry into the matter and submit his report on the next date fixed in the case. The Registrar of the University is further directed to inform the Committee of Management, M.D. College, Agra about the pendency of this writ petition and in case, respondent No.3 fails to appear on the date fixed, then necessary consequential action would be taken against it.
List this case on 30.11.2011, showing the name of Sri Saroj Kumar Singh, Advocate, as counsel for the petitioner.
Order Date :- 31.10.2011 SRY