Court No. - 19
Case :- WRIT - C No. - 13955 of 2018 Petitioner :- Bhanu Pratap Singh Respondent :- Dr. A.P.J. Abdul Kalam Technical University And 2 Others Counsel for Petitioner :- Virendra Kumar Jaiswal Counsel for Respondent :- Rohit Pandey
Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioner and Sri Rohit Pandey learned counsel for respondent no.1.
The petitioner, who is student of B. Pharma course at Raj Kumar Goel Institute of Technology, Ghaziabad, has filed the instant writ petition praying for the following relief:-
"i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to take admission of the petitioner in 6th Semester of B. Pharma forthwith and send all papers of the petitioner to the University and respondent no.1 may also be directed to issue admit card to the petitioner for appearing in 6th Semester which is likely to be scheduled to be held from 13.5.2018 or else entire career of the petitioner will be spoiled."
The petitioner claims that he had passed the 5th semester but thereafter he was not permitted to appear in the 6th semester examination in which he was supposed to appear last year. It is also his case that according to the information available on the official website of the University, he was not issued admit card for appearing in the 6th semester examination as the institution had not forwarded the details regarding his admission in the 6th semester to the university.
It is evident from a communication brought on record that the stand of the institution was that the petitioner was short of prescribed attendance on account of which, he was not permitted to appear in the examination.
A supplementary affidavit has been filed and wherein it is alleged that the petitioner appeared in all sessional exams and this is possible only when a student has prescribed attendance. He submitted that the stand taken by the institution in regard to shortage of attendance is incorrect.
This Court is of the opinion that the issues as to whether the petitioner had requisite attendance or not and whether he was wrongly denied admission in 6th semester or is entitled to appear in the ensuing examination being questions of fact, requiring verification from the record maintained by the institution, interest of justice would be served in permitting the petitioner to approach the Vice Chancellor of the affiliating university (respondent no.1), so that he may accord consideration to the grievance of the petitioners.
Accordingly, the instant petition is disposed of with liberty to the petitioner to approach the Vice Chancellor with a certified copy of this order alongwith exhaustive representation and in which event, the Vice Chancellor shall examine the claim of the petitioner after due notice and opportunity of hearing to the third respondent. In case representation is filed by the petitioner within three days from today, it is desirable that the first respondent shall examine the claim and pass a speaking order within two weeks thereafter.
(Manoj Kumar Gupta, J.) Order Date :- 25.4.2018 skv