Km Shweta vs State Of U.P. And 2 Others
2022 Latest Caselaw 2739 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 11747 of 2022
 

 
Petitioner :- Km Shweta
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Santosh Kumar Shukla,Prabhakar Dwivedi
 
Counsel for Respondent :- C.S.C.,Shambhavi Tiwari,Shashi Prakash Rai
 

 
Hon'ble Ajit Kumar,J.

Since all the above writ petitions raise similar controversy, therefore, they are being clubbed together, heard and are being disposed of by this common order.

Heard learned counsel for the petitioner and Ms. Shambhavi Tiwari, learned counsel for the respondent- University.

Admittedly, the petitioner in this case has been granted admission in college for B.Ed. course of the academic Sessions 2013-14 after 16th September, 2013 taking recourse to the Government order dated 26th September, 2013 and 8th October, 2013 which have been held to be in the teeth of the Supreme Court's judgment in the case of College of Professional Education and others v. State of U.P. and others, 2013 (2) SCC 721 by the Full Bench of this Court in the case of Smt. Rinki v. State of U.P. and others in Misc. Single No.- 35387 of 2018 and the Full Bench has even quoted the order of Supreme Court passed in IA Nos.- 109-110 of 2013 filed by the DAV College at Meerut-Hapur Road, District Meerut in Civil Appeal No.- 5914 of 2011 already decided on 22nd July, 2011. The order of Supreme Court runs as under:-

"We have not been granting any further relief to any party in case of admissions for the academic session 2013-2014 after 16.09.2013. These interlocutory applications are also dismissed.

It will however be open for the applicant to have the concerned court including this Court for further relief for the academic session 2014-2015."

The Full Bench of this Court has further referred to IA No.- 1216 of 2017 moved by the State Government before the Supreme Court for declaration of the results of the students of B.Ed. course who have been admitted pursuant to the Government order dated 8th October, 2013 and 10th September, 2018 and that had been dismissed by the Supreme Court rejecting the prayer of the State of U.P.

The Full Bench (supra) thus answered the reference vide order dated 18th October, 2019 to the effect that no relief could have been granted beyond the order passed by the Supreme Court in the case of College of Professional Education (supra) and, therefore, declaration of result of those admitted in B.Ed. course for the Session 2013-2014 after 16th September, 2013 was not permissible.

In view of the above, I do not find any force in the petition.

The writ petition is, accordingly, dismissed and consigned to records.

Order Date :- 13.5.2022

P Kesari