Court No. - 42
Case :- WRIT - C No. - 15471 of 2021 Petitioner :- Nikita Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Vidya Kant Tripathi,Durga Prasad Tiwari Counsel for Respondent :- C.S.C.,Avneesh Tripathi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Avneesh Tripathi, learned counsel appearing for the respondent nos. 2, 3 and 4.
Sri Rakesh Kumar Srivastava and Sri Arvind Kumar Srivastava, learned counsels submits that Vakalatnama has been executed in their favour for respondent no. 5, the Insitute, however, due to paucity of time, the same could not be filed.
It is provided that in case, the same is filed, the same shall be taken on record by the office.
Present petition has been filed with following prayer:-
"Issue a writ order or direction in the nature of mandamus direct to the respondent Nos. 2 to 5 to deposit the Examination fee of petitioner in Class of B.Sc. Nursing 4 year in Session 2020-21 in Kailash Institute and Para Medical Science Greater Noida District Ghaziabad affiliated by Chaudhary Charan Singh University Meerut and also permit to the petitioner for appearing in the examination B.Sc. Nursing 4 years in Session 2020-2021, to Kailash Institute and Para Medical Science Greater Noida District Ghaziabad affiliated by Chaudhary Charan Singh University Meerut."
Vide order dated 27.7.2021 Sri Avneesh Tripathi, learned counsel for respondent nos. 2, 3 and 4 was directed to seek instructions in the matter. He submits that final decision, which could have been taken by the respondent no. 3, Registrar, Chaudhary Charan Singh University, Meerut, in case, any representation would have been filed before him, cannot be taken because of shortage of time as the examination of B.Sc. Nursing 4 year is to commence from 2.8.2021. Learned counsel for the University as well as College admits that the candidature of the petitioner has been withheld by the College.
In such view of the matter, in case the claim of the petitioner ultimately is allowed she may suffer if she is not permitted to appear in the examination commencing after three days.
It is, therefore, provided that the respondent authorities shall permit petitioner to appear in B.Sc. Nursing 4 Year Examination in Session 2020-21 provisionally and the declaration of result shall be subject to the decision of respondent no. 3. For this purpose, the petitioner may file a representation before the respondent no. 3, Registrar, Chaudhary Charan Singh University Meerut, who shall consider the same expeditiously, after obtaining reply from respondent no. 5, the Institute, on merits strictly in accordance with law. The declaration of the result shall be subject to decision of the respondent no. 3, the Registrar.
Since, the petitioner is being permitted to appear in the examination provisionally, she is directed to deposit the required fees with the respondent no. 5, the Institute and she may be issued provisional admit card for appearing in the examination by the authority concerned.
With the aforesaid observations/ directions, present petition stands disposed of.
Order Date :- 29.7.2021 Aditya