Shashank Gaur And 5 Others vs State Of U.P. Thru. Secy., Medical ...
2023 Latest Caselaw 23690 ALL

Citation : 2023 Latest Caselaw 23690 ALL
Judgement Date : 28 August, 2023

Allahabad High Court

Shashank Gaur And 5 Others vs State Of U.P. Thru. Secy., Medical ... on 28 August, 2023

Bench: Pankaj Bhatia





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57369
 
Court No. - 8
 

 
Case :- WRIT - C No. - 7385 of 2023
 

 
Petitioner :- Shashank Gaur And 5 Others
 
Respondent :- State Of U.P. Thru. Secy., Medical Education , Lucknow And 4 Others
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.,Gyanendra Kumar Srivastava,Savitra Vardhan Singh
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard the counsel for the petitioners, learned Standing Counsel as well as Sri Gyanendra Kumar Singh for the respondent no.2 and Sri Savitra Vardhan Singh for the respondent nos. 3 and 4 and Sri M.P. Singh for the respondent no.5.

2. The present petition has been filed with the following prayer :

"(i) To issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties specially the Opposite Party No. 3 and 4 to reconduct the Practical and Viva Examination in Surgery subject for the Petitioner no. 1 to 5 and practical and viva examination in Medicine Subject for the Petitioner no. 5 and 6 in respect of MBBS 9th Semester of Hind Institute of Medical Sciences, Mau Atariya, district Sitapur, expeditiously as early as possible.

(ii) To issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties to extend the benefit of judgment and order dated 08.08.2023 passed in Writ-C No. 3842 of 2023 - Harshita Yadav and others versus State of UP and others to the Petitioners to reconduct the Practical and Viva Examination in Surgery subject for the Petitioner no. 1 to 5 and practical and viva examination in Medicine Subject for the Petitioner no. 5 and 6."

3. The contention of the counsel for the petitioners is that a similar issue has been decided by this Court in Writ C No.3842 of 2023 decided on 08.08.2023.

4. Considering the fact that the similar issue has already been decided in the case of Harshita Yadav and 56 others vs. State of U.P. and others in Writ C No.3842 of 2023 decided on 08.08.2023, the present petition is disposed off on the same terms and conditions as contained in the judgment dated 08.08.2023. The benefit of said judgment shall be extended to the petitioners also.

Order Date :- 28.8.2023

VNP/-