Allahabad High Court
Jesus Chaturvedi vs State Of U.P. And 6 Others on 16 March, 2021
Bench: Manoj Misra, Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 288 of 2021
Appellant :- Jesus Chaturvedi
Respondent :- State Of U.P. And 6 Others
Counsel for Appellant :- Santosh Kumar Singh
Counsel for Respondent :- C.S.C.,Rajesh Nath Tripathi,Rijwan Ali Akhtar,Rohan Gupta,Vivek Kumar Rai
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Santosh Kumar Singh, learned counsel for the appellant; learned Standing Counsel for the respondent no. 1; Sri Avaneesh Tripathi, learned counsel for the respondent nos. 2, 3 and 7; Sri Rajesh Nath Tripathi, learned counsel for respondent no. 4; Sri R.A. Akhtar, learned counsel for the respondent no. 5 and Ms. Kirti Gupta, Advocate, holding brief of Sri Rohan Gupta, learned counsel for respondent no. 6; and have perused the record.
This intra-Court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules has been filed assailing the judgment and order dated 07.12.2020, passed by the learned Single Judge in Writ-C No. 26857 of 2019, denying the petitioner-appellant admission in Master of Arts for the course in Political Science.
Petitioner-appellant in the year 2013 joined 5 years B.A. L.L.B. integrated course offered by BSA College, Mathura, which is affiliated to Dr. Bhim Rao Ambedkar University, Agra (hereinafter called as "University"). He passed the integrated B.A. L.L.B. course in the year 2018. Thereafter, petitioner-appellant applied for post graduate course in Political Science from K.R. (P.G.) College, Mathura. However, he was denied admission on the ground that he had not taken Political Science as one of subject in the final year of the five years course. Clause 7(A) of the brochure of Admission Rules for the Session 2019-20 provides that candidates will be given admission in the Post Graduate course of a particular subject only if they had that subject in their final year of the graduation course. In the present case, the appellant had studied Political Science in the first and second year of the combined B.A. L.L.B. course which is clear from a perusal of the mark-sheet, appended as Annexure-1 to the writ petition.
It has been contended by learned counsel for the appellant that as B.A. L.L.B. is a five years' integrated course in which Political Science was taught in the first two years of the course along with subjects of law, which were taught in the third, fourth and fifth year, the appellant is entitled for admission in the Post Graduate course of Political Science.
The learned counsel for the University submitted that graduation course of the University in any Arts subject such as Political Science is a three years course whereas in the B.A. L.L.B. integrated course Political Science is taught in the first two years only along with other subjects which cannot be equated to a graduation degree in Political Science.
Having heard the learned counsel for the parties, it is clear that the admission Rules for Session 2019-20 categorically provide that only those students, who in their final year of graduation had taken the subject for which application is made for the Post Graduate course, will be entitled to admission for that course.
In the present case, it is an admitted case that the appellant was student of five years B.A. L.L.B. integrated course and was not a student of Political Science. In the integrated B.A. L.L.B. course he was taught Political Science in the first and second year of the course and not in the last three years of the course. Under the circumstances, he was justifiably denied admission by the University in view of Clause 7(A) of the Admission Rules. It be noted that the petitioner-appellant has not challenged the validity of the Admission Rules for session 2019-20. Thus, he is not entitled for any relief as claimed by him.
In view of above, no infirmity is found in the impugned judgment of the learned Single Judge.
The appeal fails and is dismissed.
Order Date :- 16.3.2021
V.S.Singh
