Court No. - 19
Case :- WRIT - C No. - 15399 of 2018 Petitioner :- Pandit Kundal Lal Shukla Mahavidyalaya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Upadhyaya,Rajan Upadhyay Counsel for Respondent :- C.S.C.,Rohit Pandey Hon'ble Manoj Kumar Gupta,J.
The petitioner is an educational institution by the name Pandit Kundal Lal Shukla Mahavidyalaya, Raniya, Kanpur Dehat. It is having recognition to run B.Ed. course from NCTE. The case of the petitioner is that on 13.7.2017, the Lucknow University, which conducted the Joint Entrance Examination for admission to B.Ed. course in different institutions, issued a notification permitting the institutions where seats remained vacant, to fill up such seats within three days. Accordingly, the petitioner institution had admitted twenty eight students and due information in that regard was furnished to Lucknow University. Out of these, only six students were permitted to fill the examination form for appearing in the ensuing Ist year B.Ed. examination. Therefore, the instant petition has been filed seeking a mandamus directing respondent no.2 to provide login to the petitioner institution to enable it to complete the formalities in respect of the remaining twenty two students.
Sri Mohit Singh, learned counsel appearing on behalf of respondent no.2 submitted that by notification dated 13 July 2017, only 3 days' time was granted to make admissions, meaning thereby that admissions were to be completed by 15 July 2017. He submitted that it has to be examined whether the admissions were made by the last cut off date or not and whether the students possess requisite qualification or not. He very fairly admits that for ascertaining whether admissions were validly made or not, documentary evidence has to be taken into consideration. Therefore, he suggested that it may be left open to the second respondent to examine the claim of the petitioner in respect of the remaining twenty two students.
After considering the submissions made by learned counsel for the parties, this Court is of the opinion that interest of justice would be served in directing the second respondent to pass a speaking order after examining the documentary evidence, which may be filed before it by the petitioner.
Accordingly, the instant petition is disposed of with liberty to the petitioner to approach the second respondent with a certified copy of this order and a fresh representation annexing therewith documentary evidence to prove that the students were validly admitted and in which event, the second respondent shall pass a speaking order within next one week.
(Manoj Kumar Gupta, J) Order Date :- 27.4.2018 SL