Court No. - 19
Case :- WRIT - C No. - 14839 of 2018 Petitioner :- Siddharth Shiksha Sansthan Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pratik Chandra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioner, which is an educational institution running D.El.Ed. course, has filed the instant petition seeking a mandamus commanding the respondents to permit four students of the Institution to appear in the Semester Examination scheduled to start from 1.5.2018. These four students according to the petitioner were admitted by the Institution in pursuance of Notification dated 14.11.2017 issued by the third respondent whereby, private Institutions were permitted to fill up the vacant seats by 18.11.2017. The specific case of the petitioner Institution is that these four students were admitted well before the cut-off date and due intimation in this regard was also forwarded to the Authorities. It is also the case of the petitioner that the examination forms of these students were also duly filled, but the status shown on the internet in respect of these four students is "pending". According to the petitioner, the Principal, DIET, has not forwarded the examination forms of these four students to the third respondent. The petitioner apprehends that as a result of in action on part of Principal, DIET, in forwarding the forms of these four students to the third respondent, they will not be permitted to appear in the examination, which is to commence from 1.5.2018.
Learned standing counsel submitted that it has to be ascertained as to whether these four students were validly admitted or not. He, therefore, suggested that the third respondent may be directed to examine the claim of the petitioner Institution in respect of these four students.
No doubt these four students could be permitted to appear in the examination only if they were validly admitted. The question as to whether they were validly admitted or not, is to be examined by the third respondent, therefore, this Court is of the opinion that interest of justice would be served in directing the third respondent to examine the claim of the petitioner Institution in respect of these four students before the examination commences.
Accordingly, the instant petition is disposed of with liberty to the petitioner Institution to approach the third respondent with a certified copy of this order and fresh representation along with all documentary evidence to show that these four students were validly admitted and their examination forms were duly filled, within two days from today. In the event, any such representation is made within the time stipulated above, the third respondent shall examine the claim and in case, they are found to be validly admitted and all other formalities had been duly completed, the third respondent shall permit the students to appear in the examination. On the other hand, if the third respondent is of the opinion that these students could not be permitted to appear in the examination for any reason, he shall pass a speaking order, within three days of the receipt of the representation.
(Manoj Kumar Gupta, J.) Order Date :- 24.4.2018 AM/-