Allahabad High Court
Sarvesh Kumar Mishra & Ors. vs State Of U.P. & Others on 3 February, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 6072 of 2010 Petitioner :- Sarvesh Kumar Mishra & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- Preet Pal Singh Rathore Respondent Counsel :- C.S.C.,Ajit Kr. Singh,S. Shekhar Hon'ble Dilip Gupta,J.
The petitioners have filed this petition for a direction upon the respondents to permit them to appear at the B.Sc. Agriculture (Odd Semester) Examination which is likely to commence from 4th February, 2010.
It transpires from the record that the petitioners were expelled from the College by the order dated 3/4th November, 2009 passed by the Udai Pratap Autonomous College, Varanasi as they had indulged in ragging. This order was challenged by the petitioners in Writ Petition No.62644 of 2009 which was dismissed on 14th December, 2009 on the ground of alternative remedy of filing appeal before the Vice-Chancellor of the University being available to them. The Court also observed that the Vice- Chancellor may make all endeavours to decide the appeal expeditiously as the career of the petitioners was at stake.
Learned counsel for the petitioners submitted that the Vice- Chancellor of the University has not decided the appeal as yet and since the examinations are going to commence from 4th February, 2010, the petitioners may be permitted to provisionally appear at the said examination.
Learned Standing Counsel appears for respondent no.1. Sri V.K. Singh, learned Senior Counsel appears for respondent nos.2, 3 and 4 while Sri M.N. Singh appears for respondent no.5. It is their submission that as the petitioners were involved in ragging, they were expelled by the order dated 3/4th November, 2009 and till the order is set aside they cannot be permitted to appear at the examination.
The petitioners have asserted that they have filed an appeal before the Vice-Chancellor of the University. Till the order expelling them from the College is set aside, no permission can be granted to the petitioners to appear at the examination. The writ petition is, accordingly, dismissed.
It is, however, expected that the Vice-Chancellor of the University shall decide the appeal filed by the petitioners expeditiously.
Order Date :- 3.2.2010 GS