Court No. - 18
Case :- WRIT - C No. - 22187 of 2016 Petitioner :- Prof. Ishwar Das Retired Respondent :- V.C. Deen Dayal Upadhyay Gorakhpur University And 6 Others Counsel for Petitioner :- Pawan Kumar Rao,Chandra Bhan Gupta Counsel for Respondent :- Brajesh Datta Pandey,Rijwan Ali Akhtar,Ritvik Upadhya,Rohit Pandey,Siddharth
Hon'ble Ajay Bhanot,J.
Heard Sri Chandra Bhan Gupta, learned counsel and Sri Pawan Kumar Rao, learned counsel for the petitioner, Sri Rohit Pandey, learned counsel for the respondent-University and Sri Ritvik Upadhya, learned counsel for the respondents No.5 and 6/University Grants Commission.
The fellowship amount to which the petitioner claims entitlement has not been disbursed to him on the footing that the petitioner has failed to submit a continuation certificate issued by the Head of Department, Chemistry Department, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur.
The petitioner had diligently worked to complete the project which was comprised in the fellowship programme. He attended the laboratory and conducted the research regularly. The petitioner also submitted the research paper which was published in the journal of Chemical & Engineering Data which is a journal of international repute and is published in the United States of America. The petitioner also published two papers in science journals of high standing in the country. The continuation certificate was not issued to the petitioner because of a dispute with the then Head of Department, Chemistry Department, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur.
The petitioner continued to work on his research in the University despite the impediments. The continuation certificate could not be submitted for fault of the University.
The aforesaid pleadings categorically made by the petitioner in the writ petition are not traversed in the counter affidavit submitted by the University. The University did not press its objection on that score during the course of the arguments. The pleadings made by the petitioner in the writ petition thus establish his case for release of scholarship amount.
The petitioner had duly conducted the research. He is entitled to the continuation certificate which has to be issued by the Head of Department, Chemistry Department, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur. The fellowship amount is liable to be released in favour of the petitioner.
Sri Rohit Pandey, learned counsel for the respondent- University submits that the University does not have
Gorakhpur at the relevant point in time has superannuated. The Court cannot turn the clock back. However, relief cannot be denied to the petitioner on the ground of fait accompli. [Ref: Dr. Muktakar Singh Vs. State of U.P. and 2 others, reported at 2018 (2) ADJ 699] In the wake of preceding discussion, a writ in the nature of mandamus is issued to the authorities to execute the following directions:
I. The Head of Department, Chemistry Department, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur shall issue a continuation certificate to the petitioner for the relevant period for the purpose of disbursal of the fellowship amount or any other related benefit, within a period of one month from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
II. The respondent/Canara Bank, upon receipt of the aforesaid continuation certificate so issued, shall forthwith disburse the fellowship amount in favour of the petitioner.
III. The respondent/University Grants Commission, shall ensure that the full cooperation is extended to the petitioner for the purpose of release of the fellowship amount.
With the aforesaid directions, the writ petition is finally disposed of.
The respondent No.7/Professor S.K.Sengupta (Retired), Head of Department, Chemistry Department, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, is present in compliance of the order passed by this Court on 10.08.2021.
The show cause notice was issued to the respondent No.7/Professor S.K.Sengupta (Retired), Head of Department, Chemistry Department, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, as to why he should not be prosecuted under Section 193 of the Indian Penal Code.
Sri Rohit Pandey, learned counsel on behalf of the respondent No.7/Professor S.K.Sengupta (Retired) contends that the certificate continuation certificate could not be issued due to bonafide reasons.
At best it may be called an error of judgement. There was no intention on part of the respondent No.7/Professor S.K.Sengupta (Retired), to overreach the orders passed by this Court nor to file any false affidavit. Certain averments were made in the affidavit on the legal advice. However, the respondent No.7/Professor Sri S.K.Sengupta (Retired) is not culpable in any manner for any act which comes within the ambit of Section 193 of the Indian Penal Code.
I find that the explanation tendered on behalf of the respondent No.7/Professor S.K.Sengupta (Retired) is sufficient.
Notice issued to the respondent No.7/Professor S.K.Sengupta (Retired), Head of Department, Chemistry Department, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, is discharged.
Order Date :- 24.8.2021 Ashish Tripathi