Court No. - 5
Case :- WRIT - C No. - 28948 of 2018 Petitioner :- Soha Irshad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shams Uz Zaman Counsel for Respondent :- C.S.C., ,Shashank Shekhar Singh
Hon'ble Ajay Bhanot,J.
Heard Sri Shams Uz Zaman, learned counsel for the petitioner and Sri Shashank Shekhar Singh, learned counsel for the respondents.
The admission of the petitioner to B.Sc (Biochemistry) for the academic session 2018-19 being run by the respondent University has been cancelled by order dated 14.08.2018.
Learned counsel for the petitioner submits that the order dated 14.08.2018 recording the reasons for cancellation of her admission asserts that she had secured less than required marks in the admission test. Learned counsel for the petitioner submits that the petitioner was admitted under the category of outstanding debator and talent in the aforesaid course. As per the policy of respondent University the petitioner was entitled to condonation of percentage in eligibility requirement upto five percent.
Per contra Sri Shashank Shekhar Singh, learned counsel for the respondent University submits that the condonation in the eligibility requirement is applicable only for determining the aggregate percentage which entitles the students to appear in the admission test. The petitioner has secured 14 marks in the admission test while the minimum requirement is 15. The condonation is not applicable to the admission test.
Be that as it may the contention of the petitioner needs to be considered by a competent authority. The matter is remitted to the respondent no. 4.
Considering the aforesaid facts a post decisional hearing shall meet the needs in the ends of justice. The petitioner shall submit a representation before the respondent no. 4 within two weeks in support of her eligibility to be admitted to the B.Sc (Biochemistry) for the academic session 2018-19. The respondent no. 4 shall consider the relevant criteria for admission to the aforesaid course and also the representation made by the petitioner. The representation of the petitioner shall be decided by a reasoned and speaking order 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 the merits of controversy. It is for the competent authority to do so after independent application of mind.
The order of cancellation of admission dated 14.08.2018, shall abide by the final decision taken on the representation of the petitioner.
The writ petition is disposed of.
Order Date :- 30.11.2018 Pravin