Allahabad High Court
Naendra Kumar Singh vs State Of U.P. Thru. Prin. Secy. ... on 2 March, 2023
Bench: Devendra Kumar Upadhyaya, Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL DEFECTIVE No. - 96 of 2023
Appellant :- Naendra Kumar Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Technical Edu. Civil Sectt Lko. And Others
Counsel for Appellant :- Vijay Kumar Yadav,Sheo Prakash Singh
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Subhash Vidyarthi,J.
(C.M.A. No. 1 of 2023)
Heard learned counsel for the appellant and learned State Counsel.
Having regard to the averments made in the application for condonation of delay in filing the Special Appeal, we are satisfied that delay in filing the Special Appeal has sufficiently been explained. Accordingly, the application is allowed. Delay in filing the Special Appeal is hereby condoned.
(Order on Appeal.)
The appellant-petitioner is working on the post of Tracer/Anurekhak in the Board of Revenue, U.P., Lucknow, and while in employment he appeared in the entrance examination conducted by the Board of Technical Education, Uttar Pradesh, for making admission to various Diploma courses run by the Polytechnics in the State of U.P. He was successful in the entrance examination and was admitted at Government Govind Vallabh Pant Polytechnic, Mohan Road, Lucknow.
The Board of Revenue passed an order on 17.11.2021 permitting the appellant-petitioner to pursue Diploma in Civil Engineering Course at Ingegral University, Lucknow, in the evening classes, with the conditions that he shall not be entitled to any leave separately, neither his studies will have any adverse impact on the government work.
The appellant-petitioner instituted Writ-C No. 868 of 2022 before learned Single Judge of this Court, whereby a prayer was made to quash the notice/letter dated 29.11.2021. A further prayer was made that the State authorities be directed to allow the appellant-petitioner to complete his course and further to permit him to appear in the examination of Group K-1 (Civil) Engineering - 2 Years Diploma Course in the Government Govind Vallabh Pant Polytechnic, Mohan Road, Lucknow. By the said notice Principal of the Polytechnic had required the appellant-petitioner to inform him as to whether he had been granted leave to pursue his course for the reason that the course offered by the Polytechnic was a Full-Time Course. After issuance of the notice/letter dated 29.11.2021, the Principal of the Polytechnic again required the appellant-petitioner to furnish No Objection Certificate by 2.2.2022. The notice dated 24.1.2022 issued in this regard by the Principal of the Polytechnic further stated that in case the appellant-petitioner fails to furnish the No Objection Certificate from the employer till 2.2.2022, his admission shall stand cancelled. It appears that the Board of Revenue vide its letter dated 16.2.2022 intimated the petitioner that it will not be possible for the Board of Revenue to give No Objection to him for pursuing his Diploma Course at the Polytechnic for the reason that it is a regular course, where classes are conducted from 10 a.m. to 5 p.m., which is the time when the appellant-petitioner is to remain present in his office in connection with the government work/duties.
What we notice is that the notice dated 24.1.2022, which conditionally cancels the admission of the appellant-petitioner in the Diploma Course at the Polytechnic concerned was never challenged by him.
Learned Single Judge while passing the judgment and order, which is under challenge before us in this appeal, has dismissed the writ petition and has further observed that so far as the oral prayer made by the learned counsel appearing for the appellant-petitioner before the learned Single Judge for issuing a direction for admission in Integral University is concerned, he may approach the Registrar of the said University. Learned Single Judge has further observed that in case any such application is made, the Registrar of the said University shall consider the same in accordance with the Rules of the University as well as the Rules relating to the Government employees for admission in Diploma Courses, in case admission process is still going on.
For the reasons assigned by the learned Single Judge in his judgment and order dated 13.12.2022 and also for the reason that the appellant-petitioner never challenged the order/notice dated 24.1.2022, which conditionally cancelled his admission at Government Govind Vallabh Pant Polytechnic, Mohan Road, Lucknow, we are of the opinion that there does not exist any good ground to interfere in the order passed by the learned Single Judge dated 13.12.2022 in Writ-C No. 868 of 2022. The Special Appeal is, thus, dismissed.
(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.)
Order Date :- 2.3.2023
A.Nigam
