Chetan Sharma vs State Of U.P. And 4 Others
2023 Latest Caselaw 23081 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:170126
 
Court No. - 10
 

 
Case :- WRIT - C No. - 25787 of 2023
 

 
Petitioner :- Chetan Sharma
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Vivek Prakash Mishra
 
Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Vivek Kumar Singh
 

 
Hon'ble Kshitij Shailendra,J.

1. Heard Shri Vivek Prakash Mishra, learned counsel for the petitioner, learned Standing Counsel for respondent No. 1, Shri Ramesh Singh, holding brief of Shri Vivek Kumar Singh, learned counsel for respondent No. 2, Shri Avneesh Tripathi, learned counsel for respondent Nos. 3 and 5 and perused the record.

2. The grievance of the writ petitioner is in relation to M.B.B.S Course, in which he took admission in the year 2015 and according to him he has passed Ist and IInd years Examinations and is now undergoing IIIrd year of the said Course.

3. The submission is that the College has declared the result with back paper on the ground that he has obtained only 19 out of 50 marks in the subject Obstetrics, which decision of the college is contrary to the judgment of Supreme Court in the case of Maharashtra University of Health Sciences represented by Deputy Registrar vs Paryani Mukesh Jawahar Lal & others, reported in AIR 2007 SC 2264.

4. Learned counsel for the petitioner has placed before this Court a Division Bench's order dated 24.08.2021 passed in Writ C No. 19101 of 2021 (Mandeep Bhati vs State of U.P. and 4 others).

5. The Division Bench in the said order has disposed of the writ petition by providing that University shall pass specific order in relation to the cause of the petitioner within one week.

6. In view of above, the writ petition is being disposed of directing the respondent No. 3, Registrar, Chaudhary Charan Singh University, Meerut to consider the cause of the petitioner as espoused by him by means of representation dated 15.06.2023 in the light of factual matrix, which is applicable to the petitioner's case in correlation with the judgment in the case of Maharashtra University of Health Sciences represented by Deputy Registrar vs Paryani Mukesh Jawahar Lal & others, reported in AIR 2007 SC 2264, within a period of one month from the date a certified copy of this order is filed by the petitioner before the said respondent.

Order Date :- 23.8.2023

Sazia