Court No. - 5 Case :- WRIT - C No. - 39317 of 2018 Petitioner :- Sandeep Anand Mishra And Another Respondent :- Allahabad State University And 2 Others Counsel for Petitioner :- Dinesh Kumar Misra,Shyam Mohan Singh Counsel for Respondent :- Brajesh Datta Pandey Hon'ble Ajay Bhanot,J.
Heard Sri Dinesh Kumar Misra, learned counsel for the petitioners and Sri Santosh Kumar Mishra, learned counsel holding brief of Sri B. D. Pandey, learned counsel for the respondent nos. 1 and 2.
The petitioners claim to be admitted in B.C.A. course for the academic session 2018-19 in the respondent-University Kulbhaskar Ashram Post Graduate College, Allahabad (hereinafter referred to as the "Institution"). The Institution is affiliated to the Allahabad State University. The petitioners continued their studies pursuant to their admission. The examination forms of the petitioners are not being accepted by the respondent University. The petitioners have already submitted a representation in this regard.
Sri Dinesh Kumar Misra, learned counsel for the petitioners submits that the representation of the petitioners has not been decided and their academic career is in jeopardy.
Learned counsel for the respondent nos. 1 and 2 Sri Santosh Kumar Mishra submits that the issue needs to be verified by the competent authority i.e. the respondent no. 2.
No useful purpose would be served by keeping the writ petition pending. The writ petition is being disposed of finally with the consent of the parties.
The matter is remitted back to the respondent no.
2. A mandamus is issued to the respondent no. 2 commanding him to decide the representation of the petitioners for being permitted to appear in the B.C.A. Ist year examination to be conducted in March-April, 2019 by a speaking and reasoned order in accordance with law within a period of one month from the date of receipt of a certified copy of this order.
It is clarified that this Court has not judged merits of the claim of the petitioners or the veracity of the assertions made in the writ petition. It is for the competent authority to do so after independent application of mind.
The writ petition is disposed of finally.
Order Date :- 30.11.2018 Dhananjai