Allahabad High Court
Mahesh Kumar Choudhary vs State Of U.P. Thru. Addl.Chief/Prin. ... on 17 July, 2023
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:46446 Court No. - 4 Case :- WRIT - C No. - 3799 of 2023 Petitioner :- Mahesh Kumar Choudhary Respondent :- State Of U.P. Thru. Addl.Chief/Prin. Secy. Empowerment Of Persons With Disabilities,Lko. And Others Counsel for Petitioner :- Utsav Mishra,Gaurav Mehrotra Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Sanjeev Kumar Srivastava Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Gaurav Mehrotra, learned counsel for the petitioner, learned Standing Counsel for the State-opposite parties and Sri Sudeep Seth, learned Senior Advocate assisted by Sri Atul Kumar Dwivedi, learned counsel for the opposite party Nos.2 to 6.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 30.12.2022, issued by the respondent No.4, copy whereof is contained as Annexure No.1 to this writ petition.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to enable the petitioner to submit his Ph.D thesis and to conclude the Ph.D Course, in which the petitioner was admitted by the respondent University."
3. This Court has passed the order dated 29.05.2023, which reads as under:-
"1. Sri Sudeep Seth, learned Senior Advocate assisted by Sri Atul Kumar Dwivedi, learned counsel for respondent University states that University has already constituted a committee to visit the issue of continuation of Ph.D. course of petitioner and other similarly situated persons and the decision will be taken within a period of four weeks.
2. On request, put up this case on 05.07.2023 in additional cause list amongst top ten cases.
3. Sri Sanjeev Kumar Srivastava, learned counsel is present for respondent no.7."
4. Sri Sudeep Seth, learned Senior Advocate has drawn attention of this Court towards Annexure No.SCA-2 of the short counter affidavit, which is a office order dated 07.07.2023.
5. Sri Seth has submitted that Annexure No.SCA-2 has been explained in para-8 of the short counter affidavit, which is being reproduced here-in-below:-
"8. That the Research Degree Committee in its meeting dated 06.07.2023 has accepted the recommendations made in the report dated 01.07.2023 and upon consequent approval of the competent authority, the office order dated 07.07.2023 has been issued by the Registrar permitting the teachers having NET/SLET/JRF qualification to continue their Ph.D. Course. Such teachers who do not possess the NET/SLET/JRF qualification and has been given admission in the Ph. D. Course directly without participation in the entrance examination have been given an opportunity to appear in the Ph. D. Entrance Test and upon qualifying the same, they shall be allowed to continue their Ph.D. Course."
6. Sri Seth has stated that as per the office order dated 07.07.2023, the case of the present petitioner is fully covered, therefore, he may pursue to continue his Ph. D. Course.
7. Since the grievance of the present petitioner has been redressed in the light of the aforesaid office order dated 07.07.2023, more particularly vide paras-1 & 3 of the aforesaid office order inasmuch as the present petitioner is fulfilling both the conditions as indicated in paras-1 & 3 of the office order dated 07.07.2023, therefore, the present petition is allowed in terms of office order dated 07.07.2023.
Order Date :- 17.7.2023 [Rajesh Singh Chauhan,J.] Suresh/