Court No. - 34
Case :- SPECIAL APPEAL No. - 511 of 2019 Appellant :- Akhilesh Kumar Singh Respondent :- Adarsh Singh And 6 Others Counsel for Appellant :- Amit Saxena,Balwant Singh Counsel for Respondent :- C.S.C.,Amrendra Nath Rai,Sanjay Singh
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Amit Saxena, learned counsel for appellant, learned Standing Counsel for respondents 2 to 5 and Sri Amrendra Nath Rai for petitioner- respondent 1.
2. This intra Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as 'Rules, 1952') has been filed Akhilesh Kumar Singh against learned Single Judge's order dated 15.02.2019 whereby Writ Petition No.12558 of 2018 has been allowed and matter is remitted to Secretary, Examination Regulatory Authority, U.P., Allahabad with certain directions
3. Admittedly, appellant was not party in writ petition, but on oral request made by learned counsel for appellant we grant him leave to appeal and pursue this appeal and proceed to decide the appeal with consent of learned counsel for parties.
4. Admittedly, petitioner-respondent 1 obtained two graduation degrees from different Universities and its academic period is also overlapping. It is also a matter of fact that subsequently one of the degree awarded by Gorakhpur University has been cancelled and now petitioner-respondent 1's only one degree is valid.
5. Sri Amit Saxena, learned counsel for appellant also could not dispute that there does no exist any statutory prohibition which prohibits a person pursuing two degree courses simultaneously in above two Universities and in absence thereof, conduct of petitioner-respondent 1 may not have been appreciated, but it cannot be said to be illegal or contrary to law, considering the fact that his one of the degree has already been cancelled by University and now he has only one degree with him.
6. In the entirety of facts and circumstances of this case, we feel that learned Single Judge has adjusted equities in the peculiar facts of this case and judgment passed by learned Single Judge warrants no interference. This appeal lacks merit.
7. Dismissed accordingly.
Order Date :- 30.4.2019 Manish Himwan