Court No. - 19
Case :- WRIT - C No. - 20678 of 2018
Petitioner :- Pranesh Srivastava
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Sanjay Kumar Mishra
Counsel for Respondent :- C.S.C.,Brajesh Datta Pandey
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed seeking a direction in the nature of mandamus directing the respondents to declare the result of the B.Ed. Examination, 2014; and allow the petitioner to apply for Assistant Teacher Examination, 2018 vide Advertisement No. A- 1/E-1/2018 issued by U.P. Public Service Commission, Allahabad.
In paragraph 12 of the writ petition it is stated that the petitioner was admitted to B.Ed. course during academic session 2013-14 on 3.10.2013, whereas the cut off date prescribed for admission in that year, was 16.9.2013.
Counsel for the respondent-University Sri B. D. Pandey points out that identical matter was considered by this Court in Writ-C No.36072 of 2014 and after considering the time table fixed by the Supreme Court in Maa Vaishno Devi Mahila Mahavidyalaya v. State of U.P. and others, 2013(2) SCC 617 as well as the order passed by the Apex Court in Civil Appeal No.5914 of 2011 (College of Professional Education and others v. State of U.P. and others has held that the admissions made after cut off date were invalid and no relief could be granted to such students. The operative part of the said order reads as under :-
"The University has also filed copy of an order dated 25th November, 2013 passed by the Apex Court in IA Nos. 109 and 110 of 2013 in Civil Appeal No. 5914 of 2011 (College of Professional Education and others v. State of U.P. and others, which reads as follows:-
We have not been granting any further relief to any party in case of admissions for the academic session 2013-14 after 16th September, 2013. These interlocutory applications are also dismissed.
It will however, be open for the applicant to move the concerned Court including this Court for further relief for the academic session 2014-15.
In view of the above, no relief can be granted to the petitioners, who have all been admitted after 10th October, 2013. The writ petition is dismissed."
He further submitted that similar view has been taken by this Court in Writ-C No. 57977 of 2014, which also related to a candidate admitted to B.Ed. course during academic session 2013-14 on 12.10.2013 i.e., after the cut off date and said writ petition was also dismissed.
Counsel for the petitioner is not in a position to distinguish above judgements nor he is in a position to place any other provision of law before this Court whereunder the petitioner could be held entitled to the reliefs claimed in the instant petition.
In view of the above and having regard to the view taken by this Court in earlier judgements referred to above the instant writ petition is also dismissed.
(Manoj Kumar Gupta, J.)
Order Date :- 31.5.2018 AM/-