Allahabad High Court
Abhishek Yadav And 8 Others vs State Of U.P. Thru. Prin. Secy. , ... on 24 April, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- WRIT - C No. - 3255 of 2023
Petitioner :- Abhishek Yadav And 8 Others
Respondent :- State Of U.P. Thru. Prin. Secy. , Deptt. Of Medical Education Lko. And 5 Others
Counsel for Petitioner :- Hari Om Pandey,Ashutosh Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. Learned counsel for the petitioners submits that a show cause notice dated 31.12.2022 given to the petitioners and giving appropriate and sufficient opportunity of hearing and without waiting the time period given in the show cause notice, vide order dated 02.11.2022, the admission of the petitioners have been kept in abeyance.
3. Per contra, learned Additional CSC has opposed this contention submitting that show cause notice was given way back on 31.10.2022 precisely more than five months ago and the petitioner has not given any reply to that show cause notice. Their admissions have been kept in abeyance and no final order has been passed. He has disputed the contents/pleadings of the writ petition.
4. Learned Additional CSC further submits that these are the disputed questions of facts and in identical matter, this Court has dismissed writ C No. 2436 of 2023 vide judgment and order dated 07.04.2023. He submits that in Ayush U.G. Counselling Session 2021-2022, irregularities were found and more than 850 students are alleged to have taken admissions on the basis of fake documents. F.I.R. regarding the alleged forgery and the irregularity has been lodged and the STF is actively investigating the matter. The then Director, Ayurved Services and other officers, total ten in number, have been arrested and are presently in jail. The writ petition contains disputed questions of facts which cannot be adjudicated in the writ jurisdiction, hence, the petition is liable to be dismissed.
5. Learned counsel for the petitioner has disputed the contentions made by the learned Additional CSC submitting that the petitioners are bonafide students and they have taken admissions as per due process. The argument of learned Additional CSC is incorrect.
6. The order dated 07.04.2023 passed by this Court in the aforesaid writ C No. 2436 of 2023 is extracted below:-
"1. Heard learned counsel for the petitioner and Mr. Vinod Kumar Singh, learned Additional Chief Standing Counsel for opposite parties 1 to 3. 1 and 2.
2. By means of this writ petition, the petitioner has prayed for a writ of certiorari quashing order dated 7.11.2022, passed by respondent No.4.
A further prayer for a writ of mandamus directing respondent No.4 to permit the petitioners for joining the class has also been made.
3. Learned Additional Chief Standing Counsel has produced written instructions received by him from the department, which are taken on record.
4. A perusal of the instructions so produced shows that in Ayush U.G. Counselling Session 2021-22, irregularities were found and more than 850 students' admission was found to have been made on the basis of forged documents. After taking cognizance thereon, the students including the petitioners were issued notice vide order dated 31.10.2022. First Information Report regarding alleged forgery and irregularities has been lodged. The STF is investigating the matter. It is further borne out from the instructions that the then Director, Ayurved Services and other officers (10 in number) have been arrested and are presently in jail. The petitioners, however, have disputed these facts.
5. On due consideration to the submission advanced, perusal of the record as also the fact that the matter is under active investigation before the STF as also the disputed questions of facts which cannot be adjudicated in the present writ petition, I am of the view that the writ petition is liable to be dismissed.
6. At this stage, learned counsel for the petitioners submits that he may be permitted to withdraw the petition.
7. The petition is dismissed as withdrawn."
7. On due consideration to the argument advanced as well as perusal of the record, so also the fact that STF is investigating the matter; allegations are regarding the forgery committed by the students and the admission are alleged to have been found to be made on the forged documents and these disputed questions of facts cannot be adjudicated in the present writ petition, I am not inclined to give any indulgence in this matter.
8. The petition being devoid of merits is dismissed.
Order Date :- 24.4.2023
R.C.
