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Motilal Shukla vs The Vice-Chancellor ...

High Court Of Judicature at Allahabad|22 June, 2010

JUDGMENT / ORDER

Petitioner appears to be aggrieved by an order of the Registrar of Sampurnanand Sanskrit University, Varanasi by which the center for holding examination at the petitioner's college has been changed on the ground that petitioner has given a letter stating therein that he would not be in a position to conduct the examination in the college. It is contended by Shri R.K. Pandey, learned counsel for the petitioner that in pursuance of the Government Order dated 5th March, 2002 the examination of the Sampurnand Sanskrit University is to be conducted in the concerned college itself (under self center scheme). It appears that at the behest of some stranger the petitioner's college has not been made center for conducting the examination. It is also contended that impugned order of the Registrar has been received on 10th May 2010 and immediately after receiving of the aforesaid order objection was raised through a letter, stating therein that the petitioner has never sent such letter and that appears to be an outcome of an impersonation of an imposture which was sent to the Registrar of Sampurnand Sanskrit University, Varanasi and was served also in his office on 11.6.2010. The copy of the same was also sent to the Registrar on11.6.2010 itself through registered post but no decision has been taken on that and the earlier order has been maintained. It is also contended that admit cards of the students have been served in the petitioner's college only on 21.6.2010. It is also contended that petitioner's college is an old Institution and has got good infrastructure to conduct the examination and on instance of an imposture students would have been allowed to suffer. It is also contended that the present center which has been made by the University is an unaided institution and has got no infrastructure.In the submissions of Sri Pandey the impugned order is an outcome of calculated collusive exercise of the University authorities and respondent no.4.
Refuting the submissions of the learned counsel for the petitioner , Shri V.B. Mishra, learned counsel for the respondent submitted that petitioner has approached this Court at the fag end as examination is going to be held with effect from 24.6.2010.
I have heard learned counsel for the petitioner and Shri V.B. Mishra, learned counsel for the respondent.
Shri Pandey may be right in his submissions but as the examination is going to be held with effect from 24.6.2010 and as per information of Shri V.B. Mishra University is closed today, therefore, now it will be almost impossible to conduct the examination in the college.Otherwise also disturbing the schedule will lead in chaos. In view of that prayer for interim relief is rejected, but the writ petition is entertained.
Shri V.B. Mishra, learned counsel for the respondent is directed to file counter affidavit within two weeks.
List on 12th July 2010 before the appropriate Court.
As an interim measure it is provided that the examination conducted by the University at the allotted center shall abide by the result of the writ petition.
Order Date :- 22.6.2010 Aks
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Title

Motilal Shukla vs The Vice-Chancellor ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 June, 2010