Court No. - 41
Case :- WRIT - C No. - 19672 of 2019 Petitioner :- Shivaji Katiyar Respondent :- Council Of Architecture India And 2 Others Counsel for Petitioner :- Udit Chandra Counsel for Respondent :- Rohit Pandey
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and Sri Rohit Pandey, learned counsel for the respondent no. 2.
Considering the nature of order proposed to be passed, there is no need to issue notice to respondent nos. 1 and 3.
Sri Rohit Pandey, learned counsel for the University has raised preliminary objection and submitted that present petition is not maintainable as it is based on apprehension. He further submitted that the present petition has been filed for a direction in the nature of mandamus commanding the respondents not to transfer the petitioner and other similarly situated students from Institute of respondent no. 3 to any other institute and may be permitted to complete their 4th/5th year studies of the 5 Year Full-Time Bachelor of Architecture Course from the Institute of respondent no. 3. There is no formal order for transfer of students, therefore, writ petition cannot be entertained only on apprehension.
On being confronted by the Court, learned counsel for the petitioner submitted that he has no authentic information of transfer, but there is whisper and murmuring based on newspaper report that the petitioner may be transferred to any other institute.
Under such facts and circumstances, on the basis of apprehension of the petitioner, this writ petition is pre- mature and is not maintainable. Liberty is given to the petitioner to file a fresh petition, if any formal order of transfer is passed.
Accordingly, the writ petition is dismissed. Order Date :- 31.5.2019 Rmk.