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Shagufta Naaz vs Vice Chancellor Aligargh Muslim University Aligarh And Others

High Court Of Judicature at Allahabad|29 October, 2018
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JUDGMENT / ORDER

Court No. - 19
Case :- WRIT - C No. - 35839 of 2018 Petitioner :- Shagufta Naaz Respondent :- Vice Chancellor Aligargh Muslim University Aligarh And 2 Others Counsel for Petitioner :- Kamaluddin,Arun Pratap Singh Counsel for Respondent :- Shashank Shekhar Singh Hon'ble Manoj Kumar Gupta,J.
The petitioner has filed the instant writ petition seeking a mandamus commanding the respondents to provide admission to her in IXth standard against vacant seat in general category in one of the schools run by them. The respondents are the Aligarh Muslim University and its officials. The petitioner had appeared in the entrance examination for admission in IXth standard. She was interviewed on 11.05.2018. She was placed at serial No. 21 in the waiting list. According to the petitioner, one seat of general category fell vacant as Khyati Singh got her admission cancelled. The petitioner claims that her name being in the waiting list, she is entitled to admission against the said seat.
Sri Shashank Shekhar Singh, learned Counsel for the respondent University, on instructions, does not dispute that Khyati Singh has left the school and her name was removed from the roll on 12.07.2018. However, the stand taken by him is that the last date of admission after extension was 07.07.2018, thereafter, the University, in view of clause 41 of Guide to Admission (into schools) 2018-19, could not admit any student.
Clause 41 reads thus:
"the closing date for admissions to Classes I, VI and IX in the Schools is 15.05.2018. Any vacancy arising after this date in any class shall not be filled."
He submitted that last admission was made upto 07.07.2018, the extended date, which was duly notified on the website of the University. After 07.07.2018, the University has not made any admission in IXth standard.
Learned counsel for the petitioner submitted that the University had granted admission against vacant seats last year after the last date. However, he has not filed any material to prove the same. Clause 41 of the Guide to Admission is not under challenge. It is also not the case of the petitioner that the University has given admission against the vacant seat to any other student ignoring the claim of the petitioner.
Having regard to the aforesaid stand of the University and Clause 41 of the Guide to Admission, this Court is not inclined to issue any mandamus, as has been prayed in the instant writ petition.
The writ petition is accordingly dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 29.10.2018 Darpan Sharma
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Title

Shagufta Naaz vs Vice Chancellor Aligargh Muslim University Aligarh And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 October, 2018
Judges
  • Manoj Kumar Gupta
Advocates
  • Kamaluddin Arun Pratap Singh