Court No. - 32
Case :- WRIT - C No. - 34484 of 2021 Petitioner :- Kumari Shakshi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Yogesh Kumar Saxena, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Sharavan Kumar Pandey, learned counsel for the respondent no.4.
This writ petition has been filed interalia for the following relief:
"(A) Issue a writ, order or direction in the nature of mandamus directing the respondent to take admission of the petitioner in Class-VI forthwith and allow him to study in accordance with law.
(B) Issue a writ, order or direction in the nature of mandamus directing the respondent to take decision on the application of the petitioner dated 06.07.2021 (Annexure No.7 to the writ petition)."
Learned counsel for the petitioner submits that the petitioner was given admission in Class-VI in Jawahar Navodaya Vidyalaya, Auraiya. The petitioner has submitted application form as a candidate from rural area as the institution, namely, 'Holy Child Public School' is situated at Biduna. As the petitioner had cleared the written examination for being admitted in Class-VI in the college of respondent no.3, the respondent no.3 issued a letter dated 23.03.2021 stating therein that the petitioner will be granted admission subject to submission of certain documents as required. Pursuant to that, the petitioner has submitted all the documents including the certificate issued by the Tehsildar, Biduna in which the institution has been shown to be located in the rural area of District-Auraiya. Thereafter, clarification was sought from the respondent no.4 with respect to the fact as to whether the said institution comes under the rural area or village area. The respondent no.4-Basic Shiksha Adhikari, Auraiya after verifying the same submitted a report stating that the institute namely, Holy Child Public School has been shown to be located in the rural area of District-Auraiya.
Learned counsel for the petitioner further submits that inspite of completion of all the formalities, the petitioner is not being permitted to pursue the studies in the college of respondent no.3. For the aforesaid grievance, an application has been moved before the respondent no.2-District Magistrate, Auraiya/President Navodaya Vidyalaya, Auraiya to look into the matter, however, nothing has been done till date. Hence, the present writ petition has been filed.
Learned Standing Counsel as well as learned counsel for the respondent no.3 states that in case, the petitioner moves a detailed representation for redressal of his grievances before the respondent no.2, the same shall be considered and decision will be taken in accordance with law.
Learned counsel for the parties agree that the writ petition may be disposed of finally at this stage without calling for further affidavit specifically in view of the order proposed to be passed today, as no purpose would be served by keeping the present writ petition pending.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction to the petitioner to make a detailed representation, ventilating all his grievances before the respondent no.2, within two weeks from today along with a certified copy of this order. If any such representation is made, the respondent no.2- District Magistrate, Auraiya / President Navodaya Vidyalaya, Auraiya, shall make all endeavours to consider and decide the same, expeditiously, in accordance with law, preferably within a period of one month from the date of receipt of the said representation.
It is made clear that this Court has not examined the merits of the claim of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law.
Order Date :- 23.12.2021 Jitendra/-