Court No. - 33
Case :- WRIT - C No. - 11364 of 2018 Petitioner :- C/M M.P. Institute Of Management Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Chandra Dwivedi,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Heard Sri Ashok Khare, learned Senior Counsel, assisted by Sri R.C. Dwivedi, for the petitioner; learned Standing Counsel for the respondents 1 to 4; and perused the record.
Considering the nature of the order that is being passed, learned Standing Counsel does not propose to take time for filing counter affidavit and therefore with the consent of the learned Standing Counsel, this petition is being disposed of finally.
The case of the petitioner is that it was accorded recognition for an intake of 50 seats for D.El.Ed. Course, 2017-18. Pursuant to recognition/affiliation, initially, 36 students were admitted and there is no dispute as regards them. Thereafter, the time period for admission was extended upto 18.11.2017 and two students were referred to by the Principal, DIET, Varanasi for admission vide separate letters dated 17.11.2017 and those two students were also admitted and there is no dispute as regards them. It has been submitted that for remaining 12 seats, admissions were taken by the petitioner institution and report was submitted on 18.11.2017 to the Principal, DIET, Varanasi for approving their admission for the purpose of pursuing the course but, till date, their admission has not been approved and no decision has been taken and now examinations are to be held. It is thus the prayer of the petitioner that a direction be issued upon the respondents to treat those 12 students admitted on 18.11.2017 as validly admitted for pursuing two years regular D.El.Ed. course in the institution.
Learned Standing Counsel, who represents the respondents, has submitted that admission has to be made by following a prescribed procedure and whether that prescribed procedure has been followed or not needs to be ascertained and therefore the petitioner may represent its cause before the Secretary, Examination Regulation Authority, U.P., Allahabad which shall consider the grievance of the petitioner after calling for report from the Principal, DIET concerned.
In view of the above, without expressing any opinion on the merits of the case, this petition is disposed of by giving liberty to the petitioner to represent its cause before the third respondent (Secretary, Examination Regulation Authority, U.P.). If any such representation is filed along with necessary documents and certified copy of this order within a week from today, the third respondent shall call for report from the fourth respondent and after verifying the facts as also the eligibility of the candidates and validity of their admission, shall take an appropriate decision in the matter, preferably, within next three weeks.
Order Date :- 30.3.2018 AKShukla/-