Court No. - 5
Case :- WRIT - C No. - 39189 of 2018 Petitioner :- Alok Kumar Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Asthana Counsel for Respondent :- C.S.C.,Ajeet Kumar Singh Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioner is permitted to implead the Registrar, Deen Dayal Upadhyay University, Gorakhpur as party respondent no.5.
Heard Sri R. K. Asthana, learned counsel for the petitioner, Sri Shashi Prakash Rai, learned counsel holding brief of Sri Ajeet Kumar Singh, learned counsel for the respondent University and leaned Standing Counsel for the State.
Learned counsel for the petitioner Sri R. K. Asthana submits that there is some discrepancy in the result of B.Sc. IInd Year, Physics Ist Paper, declared by the respondent University on 24.08.2018. The petitioner has made a representation to correct the result. The representation of the petitioner is pending. The only prayer made by learned counsel for the petitioner is that the representation of the petitioner be decided.
Learned counsel for the respondent University Sri Shashi Prakash Rai holding brief of Sri Ajeet Kumar Singh, learned counsel for the respondent University does not have any serious objection in this regard.
No useful purpose will be served by keeping the writ petition pending. The writ petition is being disposed of finally with the consent of the parties.
The matter is remitted back to the respondent no. 5, Registrar, Deen Dayal Upadhyay University, Gorakhpur.
A mandamus is issued to the respondent no. 5 to decide the representation of the petitioner by a reasoned and speaking order in accordance with law within a period of one month from the date of receipt of a certified copy of this order along with a fresh copy of the representation.
It is clarified that the Court has not gone into the correctness of the assertions made in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to decide the claim of the petitioner in accordance with law after independent application of mind.
The writ petition is disposed of finally.
Order Date :- 30.11.2018 Dhananjai