Harsh Deep Kumar Teotia vs State Of U.P. Thru. Prin. Secy. ...
2015 Latest Caselaw 4529 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- MISC. SINGLE No. - 7156 of 2015
 

 
Petitioner :- Harsh Deep Kumar Teotia
 
Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health & Ors.
 
Counsel for Petitioner :- Alok Mishra
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

This petition has been taken up today on the basis of permission granted by the Court on 23.11.2015.

Notices on behalf opposite party nos. 1 & 2 have been accepted by learned Chief Standing Counsel.

Sri Salil K. Srivastava, Advocate has put in appearance on behalf of opposite party no. 3.

The petitioner is aggrieved by the order issued by opposite party no.3, which was received by the petitioner on 19.11.2015, whereby the petitioner has been restrained in appearing in the First Year of D-Pharma Training Course, which has commenced with effect from 20.11.2015, on the ground that for admission in the course of Diploma in Pharma the candidate is required to pass physics-chemistry at the intermediate examination, but the mark-sheet submitted by the petitioner indicates that the petitioner was failed in the Chemistry subject and he has given admission wrongly.

Submission of the learned Counsel for the petitioner is that the petitioner did not conceal anything before the opposite parties at the time of counseling and he studied for one year and therefore at the moment when the examinations are going on, stopping the petitioner without providing opportunity of hearing is not proper. It is also submitted by the learned counsel for the petitioner that the petitioner had also filed fresh Examination Form in the Subject of Chemistry to appear in the examination of C.B.S.E. and as he has studied for one year, therefore, he may be granted permission to appear in the ongoing examination of the First Year of D-Pharma Training Course and his result may be made subject to the final decision of the writ petition.

Sri Salil K. Srivastava, learned Counsel for the opposite party no. 3 has no objection to the prayer of the petitioner to appear the petitioner in the examination of First Year of D-Pharma Training Course provisionally.

Appreciating the peculiar facts and circumstances of the present case and the fact that the examination of the First Year of D-Pharma Training Course is already going on and the petitioner pursued the said course for one year, therefore, this Court prima facie case for interim relief is made out.

Accordingly, opposite parties are directed to permit the petitioner to appear in the remaining papers of the First Year of D-Pharma Training Course provisionally and his result will be subject to final outcome of the writ petition.

Sri Salil K. Srivastava, learned Counsel for the opposite party no.3 prays for and is granted three weeks' time to file Counter Affidavit.

Rejoinder, if any, may be filed within two weeks'.

List thereafter.

Order Date :- 24.11.2015

Arvind