Chattisgarh High Court
Vikram Rathore vs Atal Bihari Vajpayee Vishwavidyalaya on 7 April, 2025
1/5
Digitally
signed by
RAVI
RAVI SHANKAR
SHANKAR MANDAVI
HIGH COURT OF CHHATTISGARH AT BILASPUR
MANDAVI Date:
2025.04.07
18:42:15
+0530
WPC No. 1812 of 2025
VIKRAM RATHORE versus ATAL BIHARI VAJPAYEE VISHWAVIDYALAYA
Order Sheet
07/04/2025 Mr. Ravi Kumar Bhagat, learned counsel for the
petitioners.
Mr. Satish Gupta, learned GA for the
State/respondent/s appears on advance copy.
Mr. Neeraj Choubey, Advocate appears on behalf of
Mr. Dr. Sudeep Agrawal, learned counsel for the
respondent No.1 to 4/ABVU.
Learned counsel for the petitioners submits that
vide letter dated 08.11.2024, the Registrar, Atal Bihari
Vajpayee University, Bilaspur has approved wait listed
candidates under Clause 5 (f) of Order No.13. The
petitioners were allotted for Ph.D. seats under Mentor
Savitri Tripathi and two vacancies arose due to
completion of candidature of 2016 Batch Ph.D. course
Scholars. Thereafter, on 19.11.2024, the petitioners took
admission and paid the necessary fees and formerly
enrolled in the College for pursuing Ph.D. Course. Vide
memo dated 05.02.2025, the Registar, Atal Bihari
Vajpayee University, Bilaspur questioned the legality of
the admission of five candidates including the present
petitioners and vide order 02.04.2025, the Registar, Atal
Bihari Vajpayee University, Bilaspur has rejected the
petitioners Exam Application (DEC.-2024) for Pre Ph.D
(Course Work) English Examination 2023-2024
scheduled to be held on 08/09 of April, 2025.
Learned counsel for the petitioners has filed this
petition and prayed at-least the petitioners may be
allowed to appear in the said examination and the
appearance of the petitioners in the said examination
would be outcome of the said petition. The results of the
petitioners may also be withheld, but if the petitioners
were not permitted to appear in the said examination it
will cause injustice and irreparable loss to their future
career.
On the other hand learned counsel for the
respondents submits that it will not make any difference
as the petitioners have been illegally admitted by the
College and whatever rights has been accrued in favour
of the petitioners as such, no interim relief can be granted
to the petitioners. He has placed reliance upon the on the
judgments of the Hon'ble Supreme Court in the matter of
Guru Nanak Dev University vs. Parminder Kr. Bansal
and others reported in (1993) 4 SCC 401 and in the
matter of Mahatama Gandhi University & Anr. vs. GIS
Jose & Ors. reported in (2008) 13 SCR 201 and he
submits that in academic cases interim relief can not be
granted.
I have heard learned counsel for the parties and
peruse the material available on record.
From the perusal of the letter dated 08.11.2024, it
appears that the Registar, Atal Bihari Vajpayee University,
Bilaspur has approved their candidature and thereafter,
the petitioners took admission and paid the necessary
fees and formerly enrolled in the College for pursuing
Ph.D. Course, as such, taking into consideration of the
above fact and further considering the fact that they have
prepared for the examination for Pre Ph.D (Course Work)
English Examination 2023-2024, as such, this Court
deems it appropriate to allow the petitioners to appaer in
the said examination scheduled to be held on 8 th and 9th
of April, 2025, however, this would be subject to the final
outcome of this petition. The results of the petitioners
would not be declared without permission of this Court.
Issue notice to the respondents No.5 & 6, Mr.
Satish Gupta, learned GA for the State/respondent/s
appearing on advance copy accepts notice. PF need not
to be paid for issuance on notice to the said respondents.
The respondents appearing on advance copy are
directed to file reply on or before next date of hearing.
List this case for further hearing in the week
commencing 5th May, 2025.
Mr. Coubey, Advocate appearing on behalf of
respondents No.1 to 4 is directed to communicate about
the passing of this order to the concerned authorities.
Certified copy today.
Sd/-
(Amitendra Kishore Prasad)
Judge
Ravi Mandavi
