Court No. - 38
Case :- WRIT - C No. - 18224 of 2018 Petitioner :- Vaibhav Mangla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Kumar,Hari Nand Singh Counsel for Respondent :- C.S.C.,Vivek Verma
Hon'ble Abhinava Upadhya,J. Hon'ble Abhai Kumar,J.
Learned counsel for the petitioner prays that he may be permitted to implead "the Vice-Chancellor of Mahatma Jyotiba Phule Rohilkhand University, Bareilly" as respondent no. 3.
He is permitted to do so.
Heard Shri Puneett Singhal, learned counsel for the petitioner; Shri Vivek Verma, learned counsel for the University-respondents no. 2 & 3 and learned Standing Counsel for the State-respondent no. 1.
The petitioner claims himself to be pursuing the course of M.D. in Dermatology from Sri Ram Murti Smarak Institute of Medical Science, Bareilly. The final examination was held on 15th to 19th May, 2018. The petitioner was not allowed to appear in the said examination. The petitioner claims that he has sufficient number of attendance to appear in the examination and also his name has not been in the detaining list, yet he has not been allowed to appear in the examination.
It is submitted that the institute in question is biased against the petitioner as the petitioner made a complaint of raging before the appropriate authority and since then he is being treated unfairly. Learned counsel appearing for the petitioner has shown P.G. Logbook of the petitioner in which he appears to participating in every activity of the institution, yet his attendance has been shown only 123 days which according to the petitioner was never informed. The letter filed by the petitioner dated 15.5.2018 in which 123 days of total attendance is mentioned, is the first time the petitioner came to know and from that very date the examination was conducted.
It is claimed that without assigning any reason, the college in question acting in bias against the petitioner has not allowed to appear in the examination although the petitioner has completed all the formalities, such as, paid the examination fee to the University as well as paid Rs. 3 lacs towards executing a bond to the college, yet he has not been allowed to participate in the examination. It is further submitted that the practical examination of Dermatology Course is going to be held tentatively on 5.6.2018.
In our considered view, all these questions can be looked into by the Vice Chancellor of the University who will take appropriate decision in the matter and pass a speaking order. As such, the writ petition is disposed of with the request to the Vice- Chancellor, Mahatma Jyotiba Phule Rohilkhand University, Bareilly to consider the claim of the petitioner and pass appropriate order upon petitioner's furnishing a fresh representation along with a certified copy of this order.
Order Date :- 30.5.2018 Sunil Kr. Gupta (Abhai Kumar,J.) (Abhinava Upadhya,J.)