Court No. - 5
Case :- WRIT - C No. - 23369 of 2020 Petitioner :- Meeta Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Imran Syed,Gauri Shankar Yadav Counsel for Respondent :- C.S.C.,Gagan Mehta
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner submits that respondent-University has not been issued the B.Ed degree of the petitioner for the B.Ed course 2013-14. The petitioner has made representation in this regard.
Ms. Shambhavi Tiwari, 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 her usual fairness, she 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.3- Controller of Examination, Dr. Bheem Rao Ambedkar University, Agra.
A writ of mandamus is issued commanding the respondent no.3- Controller of Examination, Dr. Bheem Rao Ambedkar University, Agra, to execute the following directions:-
(i) The petitioner shall make a fresh representation for grant of B.Ed. degree for the academic session 2013-14 along with supporting documents and testimonials before the respondent no. 3.
(ii) The respondent no. 3 shall decide the representation of the petitioner for grant of B.Ed. degree for the year 2013-14 after conducting due verification of the B.Ed. examination of the academic sessions 2013-14, and the candidature of the petitioner.
(iii) After such verification is completed, the petitioner shall be provided the B.Ed. degree in case his candidature, and the examination are found to be valid.
(iv) In case for some reason, the candidature of the petitioner is found to be invalid and the degree cannot be awarded, the respondent no.3, Controller of Examination, Dr. Bheem Rao Ambedkar University, Agra shall pass a reasoned and a speaking order in this regard.
The exercise shall be completed within a period of one month from the date of receipt of a copy of this order along with a fresh copy of the application for the B.Ed. degree.
The writ petition is disposed off finally.
In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the petitioner may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Order Date :- 8.1.2021 Sattyarth Digitally signed by Justice Saral Srivastava Date: 2021.01.08 18:43:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad