Court No. - 41
Case :- WRIT - C No. - 14837 of 2019 Petitioner :- Mrityunjay Shukla Respondent :- Vice Chancellor Deen Dayal Upadhyay Gorakhpur And Another Counsel for Petitioner :- Subodh Pandey Counsel for Respondent :- Ajeet Kumar Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and Sri S.B. Rai, Advocate holding brief of Sri Ajeet Kumar Singh, learned counsel for the respondents.
Learned counsel for the petitioner is permitted to implead Deen Dayal Upadhyaya, Gorakhpur University through its Registrar as respondent no.3 during the course of the day.
Learned counsel for the petitioner submitted that petitioner is a teacher in Sant Vinova Post Graduate Degree College Deoria, which is duly affiliated by Deen Dayal Upadhyay, Gorakhpur University (hereinafter referred to as "University"). He further submitted that the "University" has issued an advertisement in January, 2019 for conducting the Research Eligibility Test 2018-19 and alongwith advertisement, detail, general instruction and direction were issued. According to paragraph 7 of the "instruction and direction", petitioner being teacher is not required to appear in Research Eligibility Test, 2018-19. He has invited attention of this Court to the Research Ordinance 2018, which also provides the same facts. He further submitted that he has filed representation on 10.4.2019 before the respondent no.2 for admission of research course in law subject, but till date the same has not been decided. Lastly, he submitted that direction may be issued to "University" to decide the representation of petitioner for which Sri S.B. Rai, Advocate holding brief of Sri Ajeet Kumar Singh, learned counsel for the respondents has no objection and submitted that his application shall be considered strictly in accordance with Research Ordinance, 2018 for admission in research course Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the Registrar of "University" to consider the representation of petitioner dated 10.4.2019 and decide the same strictly in accordance with law as well as Research Ordinance, 2018 within one month from the date of production of certified copy of this order.
In case Registrar is not competent authority, he shall transmit the paper to competent authority of the "University" to take decision on the matter within the same time.
It is made clear that Court has not adjudicated the case on merits. It is upon the "University" to decide the same strictly in accordance with law considering all relevant facts as well as Research Ordinance, 2018.
Order Date :- 29.4.2019 Junaid