WPMS/2699/2021
2022 Latest Caselaw 1127 UK

     IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
         ON THE 06TH DAY OF APRIL, 2022
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2699 of 2021


BETWEEN:
Tabish Ali & others.                                 ....Petitioners

AND:

State of Uttarakhand & others.                    ...Respondents


                                  With

         Writ Petition (M/S) No. 1679 of 2021


BETWEEN:
Ajay & others.                                       .....Petitioners
      (By Mr. Vinod Tiwari & Mr. G.C. Kandpal, Advocates)

AND:

State of Uttarakhand & others.                    ...Respondents
      (By Mr. R.C. Arya, Standing Counsel for the State             of
      Uttarakhand/respondent no. 1; Mr. N.S. Pundir, Advocate      for
      respondent no. 2 and Mr. Aditya Pratap Singh, Advocate       for
      respondent nos. 3 & 4)




                          JUDGMENT

Heard learned counsel for the parties

2. Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of WPMS No. 2699 of 2021 are being considered.

3. Petitioners were given admission in Motherhood Ayurvedic Medical College, Bhagwanpur, Roorkee, District Haridwar. Since they were not being permitted to fill examination forms by the concerned college, therefore, they filed this writ petition, seeking following relief: -

"1. To issue a writ order or direction in the nature of mandamus directing and commanding the respondents to permit the petitioners to fill up the exam forms and let them appear in the back paper examinations of their respective years."

4. This Court, by an order dated 16.12.2021, permitted petitioners to fill the back paper examination forms, upon deposit of ` 50,000/-.

5. Learned counsel for the petitioners submits that pursuant to the said interim order, petitioners were permitted to fill examination form and they also appeared in all the examination conducted by University. He further points out that petitioners have been declared passed in B.A.M.S. Course.

6. Learned counsel for the petitioners makes a prayer that concerned college be directed to permit petitioners to undergo internship, as they have successfully completed B.A.M.S. Course.

7. Since the relief claimed in the writ petition does not survive and there is no prayer regarding internship in the writ petition, therefore,

the relief which petitioners now seek cannot be granted.

8. Accordingly, writ petition is dismissed as infructuous. However, petitioners shall be at liberty to approach the Competent Authority, by making representation(s), which shall be dealt with as per law.

(MANOJ KUMAR TIWARI, J.) Navin