Court No. - 7
Case :- WRIT - C No. - 31809 of 2019 Petitioner :- Beerendra Kumar Harijan And 6 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vimal Kumar Counsel for Respondent :- C.S.C.,Gagan Mehta
Hon'ble Ajay Bhanot,J.
Sri Vidyadhar Yadav, learned counsel holding brief of Sri Vimal Kumar, learned counsel for the petitioners submits that respondent-University has not issued the B.Ed degree and marks-sheet of the petitioners for the B.Ed course 2011-12. The petitioners undertake to make separate representations of their respective cases in this regard to the respondent-University along with the copies of this order within a period two weeks.
Sri Gagan Mehta, learned counsel for the respondent-University contends that the B.Ed examination for the relevant year came under a cloud and was investigated by an internal enquiry set up by the University. However, in his usual fairness he contends that the University is under an obligation of law to issue the B.Ed degree to all bonafide students and to provide reasons in case where the degree cannot be issued.
Matter is remitted to the respondent no. 2, Registrar, Dr. Bheem Rao Ambedkar University, Agra.
A writ of mandamus is issued commanding the respondent no. 2, Registrar, Dr. Bheem Rao Ambedkar University, Agra, to execute the following directions:
(i) Each petitioner shall make a seperate representation of his case for grant of B.Ed. degree and marksheet for the academic session 2011-12 along with supporting documents and testimonials before the respondent no. 2, within two weeks.
(ii) The respondent no. 2 shall decide the representations of the petitioners for grant of B.Ed. degree and marksheet for the year 2011-12 after conducting due verification of the B.Ed. examination of the academic sessions 2011-12, and the candidature of the petitioners.
(iii) After such verification is completed, in case the candidature and the examination are found to be valid the concerned petitioner shall be provided the B.Ed. degree and marksheet.
(iv) In case for some reason, the candidature of any petitioner is found to be invalid and the B.Ed degree and marksheet cannot be awarded, the respondent no. 2, Registrar, Dr. Bheem Rao Ambedkar University, Agra shall pass a reasoned and a speaking order in this regard.
(v) The exercise shall be completed 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 application for the B.Ed. degree and marksheet.
The writ petition is disposed of finally.
Order Date :- 27.9.2019 Pravin