Uttarakhand High Court
WPMS/449/2021 on 24 December, 2021
Office Notes,
reports, orders or
proceedings or
SL. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
WPMS No.450 of 2021
with
WPMS No.451 of 2021
WPMS No.449 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Bhupesh Kandpal, Advocate, for the
petitioners.
Mr. Karitkey Hari Gupta, Advocate, for the
respondent.
Mr. Shailendra Nauriyal, Advocate, for the
respondent.
These are the bunch of three writ petitions,
in which the petitioners, which are the Biomedical
Colleges, are providing the certificates in various
disciplines of paramedical sciences, they have
preferred these writ petitions for the following
reliefs:-
"(i) A writ, order or direction in the
nature of certiorari quashing the letter
dated 04.02.2021 issued HNB University
(Central University)/respondent No.1
(Annexure -1 to this writ petition) as the
same is against the spirit of Central
University Act 2009.
(ii) A writ, order or direction in the nature
of mandamus commanding to respondent
university to accept and process form the
examination form of the first year student
for the academic session 2019-20 of the
para medical courses i.e. BPT, BMM,
BMLT and MPT as well as in future and
further conduct the examination of the
students of first year of para medical
courses studying in petitioner Institute; in
accordance with law.
(iii) A writ order or direction in the nature
of mandamus commanding the
respondent university to decide the
representation of the petitioner in
accordance with law.
(iv) Any other suitable writ, order or
direction which this Hon'ble Court may
deem fit and proper in the circumstances
of the case.
(v) Award the cost of petition to the
petitioners."
The relief claimed in WPMS Nos.450 and
451 of 2021, is verbatim akin. In both the cases,
where besides challenging the letter dated
04.02.2021, the petitioners have also sought a writ
of mandamus commanding the respondents to
accept the process form of examination for the 1st
year students for the academic session 2019 -
2020, for the purposes their respective courses
called as BPT, BMM, BMLT and MPT.
Learned counsel for the petitioners had
submitted that as against the same cause of action,
an another writ petition came up for consideration
before this Court being WPMS No.429 of 2021,
"Sai Institute of Paramedical and Allied Sciences
Vs. State of Uttrakhand & others", in which this
Court after hearing the parties, had allowed the writ
petition with the following direction:-
"9. Having said so that the
respondents are directed to declare
the result of the students for the said
academic years, it is needless to say
that the aforesaid recognition of an
affiliation on a conjoint reading of
the proviso 3 of the Act, referred to
above will not preclude the
respondent nos.2 &3 to proceed, if
at all it is require in accordance with
law under Section 6 to be read with
U.G.C. Regulations for the purposes
of the de-affiliation if at all it is
required under given set of
circumstances.
10. Subject to the above the writ
petition stands allowed. A writ of
mandamus is issued to respondent
no.2 to declare the result of the
students for the aforesaid academic
years 2019-2020 and 2020-2021,
which has already been referred in
the body of the judgment."
This fact, that these two Writ Petitions
being WPMS Nos.450 of 2021 and 451 of
2021, stands squarely covered by the said
judgment of 17.08.2021, is a fact which is
admitted by the respondents' counsel, except
for one of the Writ Petitions being WPMS
No.449 of 2021.
Learned counsel for the respondents
submits that this writ petition i.e. Writ Petition
No.449 of 2021, is not squarely covered by the
judgment, referred above. This writ petition
being WPMS No.449 of 2021, is de-linked
from this bunch of writ petitions.
As far as WPMS Nos.450 of 2021 and
451 of 2021, are concerned, since there happens
to be no debatable controversy, that the issue
stands resolved by the judgment, referred
above. These two writ petitions too would stand
allowed, under the same terms of the judgment
dated 17.08.2021, as rendered in WPMS No.429
of 2021, "Sai Institute of Paramedical and Allied
Sciences Vs. State of Uttrakhand & others".
Let a certified copy of this judgment be
supplied today itself on the payment of usual
charges.
(Sharad Kumar Sharma, J.)
24.12.2021
NR/
