Sarfaraz Ahmad vs State Of U.P. And Others
2019 Latest Caselaw 6600 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- SPECIAL APPEAL No. - 1976 of 2012
 

 
Appellant :- Sarfaraz Ahmad
 
Respondent :- State Of U.P. And Others
 
Counsel for Appellant :- Bashir Ahmad Khan,Azizur Rahman Khan
 
Counsel for Respondent :- C.S.C.,Vivek Varma
 

 
Hon'ble Vikram Nath,J.

Hon'ble Pankaj Bhatia,J.

Heard Sri A.R. Khan, learned counsel for the appellant.

On 04.04.2013, this Court had passed the following order:-

"Sri Vivek Varma, Advocate, who represents the University, respondent no.2, will file a counter affidavit on behalf of the University within three weeks indicating the following:

"(1) Whether it was, or was not, permissible for the college to admit the petitioner-appellant to the M.Sc. previous course under the management quota?

(2) Whether the petitioner-appellant had appeared in the M.Sc. previous examination or some impostor had appeared in his place. This will include giving details of the system of M.Sc. previous examination as to whether the admit card contained the photograph of the candidate, or on the invigilator sheet, the candidate was required to affix his signature at the time of examination and other such details of procedure, which are there to verify the authenticity of the person taking the examination?

(3) Whether as a result of the M.Sc. previous examination, the appellant had passed that examination?

(4) Whether the reason to deprive him from appearing in the M.Sc. final examination is only technical or any substantial prejudice will be caused to the examination system by his appearance?"

List the case after three weeks. Learned counsel for the appellant will intimate this order in writing to the respondent no.2 within two days."

In compliance to the same, the respondent- University filed a counter affidavit dated 09.03.2014. The specific answers to the questions raised in the order dated 04.04.2013 are incorporated in the counter affidavit wherein it is clearly mentioned firstly that the appellant was not eligible to be given admission in M.Sc. Course as marks secured by him at the graduate level were less than the minimum marks required for admission of M.Sc. Course. Further, the Gandhi Fai-E-Aam College, wrongly and illegally allowed the appellant to appear in the examination against the roll number allotted to another candidate namely Naresh Pal. The University even at the stage of M.Sc. previous examination had found the mistake and had cancelled the admission. Even at the stage of M.Sc. Final Examination again, the admit card was not issued to the appellant in view of the ineligibility of the appellant to be admitted to the M.Sc. Course.

Thus, we do not find any error in the order of the learned Single Judge dismissing the writ petition.

Appeal is, accordingly, dismissed.

Order Date :- 1.8.2019

P Kesari

[Pankaj Bhatia, J.] [Vikram Nath, J.]