Allahabad High Court
Pt. Shrawan Kumar Dwivedi vs State Of U.P. And 6 Others on 27 March, 2019
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - C No. - 7031 of 2019
Petitioner :- Pt. Shrawan Kumar Dwivedi
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Rakesh Pande,Sushil Kumar Dubey
Counsel for Respondent :- C.S.C.,Narendra Pratap Singh,Neeraj Tripathi
Hon'ble Prakash Padia,J.
On 06.3.2019 following order was passed :-
"Heard Sri Rakesh Pandey along-with Sushil Kumar Dubey, learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent no.1. Sri Narendra Pratap Singh, learned counsel, has accepted notice on behalf of respondent nos.2, 3, 5 and 6. Mr. Neeraj Tripathi, learned counsel, has accepted notice on behalf of respondent no.4.
The petitioner has preferred the present writ petition with the prayer to issue a mandamus directing the respondents to permit the students admitted by the petitioner institution to appear in the examination scheduled to be held w.e.f. 1.3.2019.
From perusal of the record it appears that petitioner has earlier filed a writ petition bearing Writ C No.39093 of 2018 (Pt. Sharawan Kumar Dwivedi Mahesh Kumar Pandey Degree College, Jalaun Through Its Manager Vs. State Of U.P. And 05 Others ). The said writ petition was finally disposed of on 13.12.2018. The order passed in the aforesaid case is reproduced hereinbelow:-
"Learned counsel for the petitioner is permitted to implead the "Chancellor, Bundelkhand University, Jhansi" as party respondent No.7 to the writ petition during the course of the day.
Principally, the challenge laid out in the writ petition is to orders passed by the respondents authorities restraining the petitioner from admitting the students for the current academic session 2018-19.
Sri Brajesh Datta Pandey, learned counsel for the respondents No.2 to 5 raises a preliminary objection that the petitioner has an alternative and efficacious remedy of seeking the same relief under Section 68 of the U.P. State Universities Act.
Sri Rakesh Pande, learned counsel assisted by Sri Sushil Kumar Dubey, learned counsel for the petitioner fairly concedes to the existence of alternative remedy. He does not press the writ petition at this stage. He recasts his relief accordingly. He submits that the authority may decide the controversy within a stipulated period of time and the interim application before the last date of submission of examination forms.
Sri B.D. Pandey, learned counsel for the respondent-University does not have any serious objection to the aforesaid prayer.
The matter is remittted back to the respondent No.7, Chancellor, Bundelkhand University, Jhansi. It is open to the petitioner to file a representation against the orders by which the petitioner is aggrieved. In case such representation along with an application for interim relief is filed within 7 days, the respondent No.7, Chancellor, Bundelkhand University, Jhansi shall decide the interim application before the last date of submission of examination forms. The respondent No.7 is further directed to decide the controversy on merits expeditiously, preferably, within a period of three months from the date of receipt of a certified copy of this order along with the copy of the representation.
With the aforesaid direction, the writ petition is finally disposed of."
Sri Rakesh Pande, learned counsel for the petitioner contended that the aforesaid order was duly complied with by him and a representation was duly submitted along-with an application for interim relief before the respondent no.4 within the time granted by this Court. It is further contended by Sri Rakesh Pande that inspite of the specific direction till date no order has been passed either in the stay application submitted by the petitioner or appeal filed by the petitioner as per the provisions contained under Section 68 of the U.P. State Universities Act, 1973.
It is contended by Sri Narendra Pratap Singh, learned counsel for the respondent no.4 that the comments has already been sent by the University before the respondent no.4/Chancellor, Bundelkhand University, Jhansi.
On the specific query made by the Court it was informed on behalf of respondent no.4 that a decision be taken by the respondent no.4 in the matter on or before the 19.3.2019.
In the interest of justice, put up on 25.3.2019 in the additional cause list."
Today when the matter was taken up learned counsel for the respondent no.4 placed before this Court the decision taken by the respondent no.4 dated 18.3.2019, which is taken on record.
In view of the same, learned counsel for the petitioner states that the writ petition has become infructuous.
In the circumstances, the writ petition is dismissed as infructuous.
Order Date :- 27.3.2019
Pramod Tripathi
