Uttarakhand High Court
Prashant Singh Bora vs Kumaun University on 5 May, 2022
HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (M/S) No. 2729 of 2021
Prashant Singh Bora ......Petitioner
Vs.
Kumaun University, Nainital and others ... Respondents
Advocates : Mr. Anil Anthwal, Advocate, for the petitioner.
Mr. B.D. Upadhyay, Senior Advocate assisted by Mr. Mrs.
MamtaBisth, Advocate, for respondent nos. 1 & 3.
Mr. Vikas Pande, Advocate for respondent no.2.
Hon'ble Sharad Kumar Sharma, J.
The brief facts of the case are that the petitioner,
while responding to the notification which was issued by the
respondent/University on 24.02.2020, had extended his
candidature for being admitted for the PhD Course for the
academic session 2020-2021. He participated in the said
process and ultimately petitioner had taken the entrance
examination test, as prescribed by the University of Kumaun
and an admit card was also issued in his favour, and later on,
he was declared successful.
2. As a consequence of petitioner's participation in
the selection process and after having being declared
successful, certain anonymous complaints were received by
the University, on the ground that the then Head of the
Department Mrs. Jaya Upreti, was found to be instrumental in
adopting mal-practices, in conducting the process of selection
and there had been a leakage of question papers, which had
ultimately resulted into cancellation of the process of selection
on account of the melafide acts of the then Head of the
Department of the University, as a result thereto, the impugned
orders and a press release of 31.12.2020, was issued, along
with the recommendations of the inquiry committee dated
29.12.2020, it had resulted into cancelling the result of the
PhD Entrance Examination, in Mathematics.
3. Against the said order, the present writ petition
has been preferred.
4. The pleadings were exchanged and the matter was
taken up today for hearing at admission stage.
5. This Court felt, that it would meet the ends of
justice, if in pursuance to the invitation of application for
conducting the PhD Examination, by the University in subject
Mathematics, is directed to be reconducted afresh based on the
same notification which was issued by the
respondent/University, earlier inviting the applications from
the prospective candidates, without disturbing the impugned
order of cancellation of the result of the petitioner in which he
was declared successful.
6. It is an offer extended by the Court. The learned
Senior counsel for the University, Mr. B.D. Upadhyay sought
time to complete the instructions and the matter was posted for
the post lunch session. Proceedings revived.
7. On the revival of the proceedings and as per the
instructions received by him, he submits that the
respondent/University, is willing to reconduct the examination
afresh by inviting the applications on the basis of the earlier
publication, which was initially issued by the
respondent/University and will re-undertake the entire exercise
on the basis of notification of 24.02.2020. The University is
permitted to do so, but however, looking to the fact, that, it is
the career of petitioner, which is at stake and is likely to suffer
adversely, if the proceedings are permitted to prolong for an
indefinite period.
8. It is expected that the respondent/University
would complete the entire exercise of selection for the PhD
Courses, in the discipline of maths, to which the petitioner was
an applicant, within a period of two months from the date of
receipt of the certified copy of this judgment.
9. It is made clear, that this Court has not made any
observation on merits pertaining to the foundation of the
decision for cancellation, which has been impugned in the writ
petition, but in order to balance the equities, a middle path has
been adopted by the Court in order to enable the petitioner to
carve out his future, by taking up the examination for
conducting his PhD Course.
10. Subject to the aforesaid exceptions, the writ
petition stands disposed of.
(Sharad Kumar Sharma, J.)
05.05.2022
Nahid
