Allahabad High Court
Anshul Bhartiy And Another vs Alok Kumar Rai, Vice-Chancellor, ... on 29 August, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:57951
Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 694 of 2023
Applicant :- Anshul Bhartiy And Another
Opposite Party :- Alok Kumar Rai, Vice-Chancellor, University Of Lucknow, Lko. And 2 Others
Counsel for Applicant :- Rohit Tripathi,Shishir Srivastava,Syed Zulfiqar Husain Naqvi
Counsel for Opposite Party :- Shashank Bhasin
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Rohit Tripathi, learned counsel for the petitioners and Sri Shashank Bhasin, learned counsel for the opposite party.
2. Attention has been drawn towards the order of the writ court dated 25.1.2023 passed in Writ-C No. 331 of 2023 which reads as under :
"Registry of this Court is directed to correct the name of the petitioner No.1 as "Anshul Bhartiy.
Hear learned counsel for the petitioners and Sri Savitra Vardhan Singh learned counsel for the respondent University.
It has been submitted by the learned counsel for the petitioners that the petitioners are students of LLB (three years) course and they appeared for the II-Semester Examination in all subject. However, the petitioners were caught using unfair means in the paper of Law of Crime. He has submitted that the petitioners may be permitted to appear in the back paper of Law of Crime and result of all subjects may be declared.
Sri Savitra Vardhan Singh learned counsel for the respondents University has submitted that the order was passed after issuing notice to the petitioners and the authorities have proceeded in accordance with law as per Ordinance, 2008. He has further submitted that the petitioners were using unfair means that is why, their entire examination has been cancelled.
Looking into the submissions of the learned counsel for the parties I am of the view that the petitioners will be allowed to appear in the back paper of Law of Crime and entire result of the petitioners of all subjects will be declared along with the result of Law of Crime paper. The petitioner will be admitted in the III-Semester to pursue their course.
With the aforesaid directions, the petition is disposed of."
3. Sri Shashank Bhasin, learned counsel for the opposite party has stated that the order of writ court has been complied with in its letter and spirit inasmuch as the petitioners have been allowed to appear in the paper of 'Law of Crime' and their entire result of all the subjects have been declared along with the result of paper of 'Law of Crime' and the petitioners have been admitted in the III-Semester to pursue their course.
4. Sri Bhasin, has submitted that the petitioners are studying in Lucknow Law College, Ahimamau, Sultanpur Road, Lucknow which is an affiliated college with the Lucknow University.
5. Sri Bhasin has drawn attention of this Court towards the affidavit of compliance dated 19/23-5-2023 wherein vide para 10 it has been categorically indicated that the Examination Controller, Lucknow University vide its letter dated 17.5.2023 sought information from the Principal, Lucknow Law College about the deposition of fees by the petitioners and in response to that the Principal of the College vide its letter dated 17.5.2023 provided the information that the petitioners after passing of the judgment and order dated 25.1.2023 did not make any communication with the college nor made any efforts to be enrolled for the III-Semester as the fees of III-Semester was not deposited by them which was mandatory before being enrolled. Sri Bhasin has enclosed the copies of letters dated 17.5.2023 collectively as Annexure no. A-2.
6. However, replying the aforesaid contention of Sri Bhasin, Sri Rohit Tiwari has drawn attention of this Court towards the objection to the affidavit of compliance dated 29.5.2023 referring para 8 thereof wherein he has stated that since the petitioners entire examination was cancelled, unless this status was altered by the University, the college had no authority to either admit the petitioners in the III-Semester or to accept the fees from them for the said semester. He has further submitted that it is totally incorrect to say that the petitioners did not approach the college, on the contrary the petitioners met the college authority on several occasions but were informed unless a decision is taken by the University and the petitioners status was changed in terms of the order of the writ court, they were helpless.
7. Having considered the arguments of learned counsel for the parties and having perused the material available on record it is clear that all the directions being issued by the writ court have been complied with. Besides, the allegation of the learned counsel for the petitioners that the college has wrongly stated that the petitioners did not approach the college may not be verified for the reason that the petitioners have not impleaded the college in the present contempt petition. The letter, so issued by the college dated 17.5.2023 (Annexure no. A-2 of the affidavit of compliance) may not be ignored wherein it has been categorically indicated that after the order of the writ court dated 25.1.2023 the petitioners have not approached the college nor deposited the requisite fees nor appeared in the internal examination etc. nor filled up the examination form to appear in the main examination of III-Semester, therefore, the college has not forwarded the examination form of the petitioners.
8. Accordingly, nothing remains to be adjudicated in the present contempt petition, so the present contempt petition is dismissed.
9. Notices discharged.
.
[Rajesh Singh Chauhan, J.]
Order Date :- 29.8.2023
Om
