Arun Kumar Garg vs Chaudhary Charan Singh ...
2023 Latest Caselaw 22983 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:170024-DB
 
Court No. - 21
 

 
Case :- SPECIAL APPEAL No. - 486 of 2023
 

 
Appellant :- Arun Kumar Garg
 
Respondent :- Chaudhary Charan Singh University And 5 Others
 
Counsel for Appellant :- Devi Prasad Singh,Amar Nath Tiwari
 
Counsel for Respondent :- C.S.C.,Aalok Singh,Avneesh Tripathi,Bheem Singh
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Donadi Ramesh,J.

1. Heard learned counsel for the parties.

2. The instant intra court appeal is directed against the order dated 27.04.2023 passed by learned Single Judge in Writ-C No. 13654 of 2023. By the said order, the writ petition filed by the appellant challenging the B.S.C. degree awarded to respondent no. 4 (Awdhesh Kumar) was dismissed.

3. We have been informed that a similar challenge was advanced by one Kapil Kumar and the said writ petition was also dismissed by an identical order of the same date. Kapil Kumar assailed the order passed by the writ court in his petition by filing Special Appeal No. 487 of 2023, which was dismissed by a Co-ordinate Bench on 17.07.2023 by the following order:

"1. No one has appeared to press this appeal. Dr. Avneesh Tripathi and Sri Bheem Singhl, learned counsels are present for the respondents.

2. This is a wholly misconceived appeal seeking to challenge the judgment and order dated 27.04.2023 passed by the learned Single Judge whereby the writ petition has been dismissed on the statement of the writ petitioner itself, who was present in the Court on the date of passing of the order. The order of the Writ Court records that the writ petitioner present in the Writ Court, made a statement that he did not wish to press the writ petition. In various grounds agitated in the memo of appeal, averments have been made on the merits of the case of the writ petitioner. In none of the paragraphs of the affidavit accompanied the stay application nor in the ground of appeal, any averment has been made with regard to the statement made by him in the Writ Court.

3. In the said scenario, the challenge to the judgment and order dated 27.04.2023 passed by the learned Single Judge, on the concession given by the petitioner, cannot be entertained. With the above observations, the appeal is dismissed.

While dismissing the appeal, it is left to the petitioner to seek recall of the order impugned before the Writ Court."

4. Learned counsel for the appellant does not dispute the above factual position. He states that petitioner of the said case is in process of filing recall application in pursuance of the liberty granted by the special appeal court.

5. Since it is not disputed that the special appeal arising out of identical order passed in similar circumstances has already been dismissed, further with liberty to the petitioner therein to seek recall of the order passed by the writ court, therefore, the instant appeal is also dismissed in same terms.

(Donadi Ramesh, J.) (Manoj Kumar Gupta, J.)

Order Date :- 23.8.2023

Ruhi H.