Allahabad High Court
Vinay Pratap Singh And Ors. vs The State Of U.P. And Ors. on 19 April, 2008
Author: Rajiv Sharma
Bench: Rajiv Sharma
JUDGMENT Rajiv Sharma, J.
1. Heard Mr. O.P. Srivastava, learned Counsel for the petitioners, Mr. Rakesh Srivastava, learned Standing Counsel and Mr. Manik Sinha, learned Counsel for the University.
2. With the consent of learned Counsel for the parties, the writ petition is being disposed of at the admission stage itself.
3. By means of the instant writ petition, the petitioners pray for a direction in the nature of Certiorari quashing the order dated 10.4.2008 whereby the opposite party No. 4 while cancelling the entire examination of Political Science 1st Paper, B.A., pursuant to the order of the Vice-Chancellor, has also changed the examination centre from Param Hans Degree College, Kaiserbagh, Bahraich to Thakur Hukum Singh Kisan Post-Graduate College, Bahraich. Further, they pray for a direction in the nature of Mandamus commanding the respondents to restore the said centre for the rest of the papers.
4. The Committee of Management, opposite party No. 5 has earlier filed a writ petition, but the same was withdrawn being not maintainable on the ground of locus standi.
5. It has been stated by the learned Counsel for the petitioners that in the midst of examinations, the centre of the students who are appearing in B.A. III year has been changed from Param Hans Degree College, Kaiserganj, Bahraich, which is affiliated to Dr. Ram Manohar Lohia Awadh University, to Thakur Hukum Singh Kisan Post-Graduate College, Bahraich. It has further been stated that the new centre which has been allotted to the petitioners situates at a distance of more than 50 kms. and further easy transportation is not available for reaching to the said centre.
6. Learned Counsel for the petitioner restricts his prayer that he does not want to press the reliefs claimed in the writ petition at this stage but restricts his prayer that the petitioners and similarly situated students who are appearing from Param Hans Degree College, Kaiserganj, Bahraich may be allowed to appear in the rest of the papers, as the new centre, which has been allotted to them, is 50 kms. from the residences of the students and there is no easy public transport available. He further says that in case, they will be allowed to appear from the said centre, most of the time will be consumed in travelling and their studies will be suffered. Further, there are more than 60% girls students.
7. Mr. Manik Sinha has no objection, in case the students are allowed to appear in Param Hans Degree College, Kaiserganj, Bahraich.
8. Looking to the peculiar facts and circumstances of the case and the difficulties to be faced by the students, it is provided that the students, who have been allocated the centre of Param Hans Degree College, Kaiserganj, Bahraich, shall be allowed to appear in future papers also from Param Hans Degree College, Kaiserganj, Bahraich. It is further provided that it will be open for the Vice-Chancellor of the University to change the Examination Superintendent of the said institute as well as the invigilators.
9. Without entering into the merits of the case as well as the impugned order, the writ petition is disposed of finally in above terms.