Allahabad High Court
Dr. Shivangi Saxena vs Dr. Shakuntala Misra National ... on 31 July, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:52368 Court No. - 7 Case :- WRIT - C No. - 6064 of 2024 Petitioner :- Dr. Shivangi Saxena Respondent :- Dr. Shakuntala Misra National Rehabilitation University Thru. Registrar And 2 Others Counsel for Petitioner :- Saurabh Upadhyay Counsel for Respondent :- Atul Kumar Dwivedi,Amit Jaiswal Ojus Law,Atul Kumar Dwivedi Hon'ble Alok Mathur,J.
C.M. Application No.1 of 2024- for correction in order dated 24.7.2024.
1. The cause shown is sufficient. Application is allowed.
2. Order dated 24.7.2024 is corrected. The corrected order is as under:-
"1. Heard Sri Saurabh Upadhyay, learned counsel for the petitioner as well as Sri Sudeep Seth, learned Senior Advocate assisted by Sri Atul Kumar Twivedi, learned counsel appearing for respondent no. 2 while Sri Amit Jaiswal, Advocate has put in appearance on behalf of respondent no. 3.
2. It has been submitted by learned counsel for the petitioner that petitioner is student of M.D. (Community Medicine) course in T.S. Misra Medical College and Hospital, Amausi, Lucknow, who had appeared in the final examinations and results have also been declared, but marksheet, degree and migration certificate have not been issued to the petitioner on account of the fact that Medical College has not deposited the afiliation/recognition fees with Dr. Shakuntala Misra National Rehabilitation University, Lucknow.
3. Grievance of petitioner is that the Medical College has not deposited the affiliation/recognition fee to the University. It is submitted that in this regard a writ petition was filed before this Court being Writ - C No. 2803 of 2023, where the Medical College has approached this Court assailing the quantum of affiliation/recognition fee as sought by the University and it is only on the direction of this Court dated 22.05.2023, that respondent no. 3 herein was directed to deposit Rs.1,00,000/- for each subject for which Post Graduate course is run by the Medical College with the University for which recognition is sought and the Medical College was permitted to conduct examinations and same has been concluded.
4. The issue pertaining to fixation of fee for grant of affiliation etc by Dr. Shankantala Mishra National Rehabilitation University, Mohan Road, Sarosa Bharosa, Lucknow (hereinafter referred to as "the University") was under consideration in Writ-C No. 2803 of 2023.
5. It has been submitted by learned counsel for the petitioner appearing for T.S. Mishra Medical College and Hospital, Amausi, Lucknow (hereinafter referred to as "the College"), who were the petitioners in the said writ petition have stated that the University has arbitrarily fixed an amount of Rs.10,00,000/- per subject as affiliation fee, which, according to them was exorbitant, unreasonable and arbitrary.
6. This Court at the very outset has passed interim order considering rival submissions on 11.04.2023 and stayed the order dated 06.09.2021, by which the College was required to pay Rs.10,000/- per subject as affiliation fee and further direction was given to the University to re-consider their decision with regard to fixation of affiliation fee.
7. The University undertook the exercise as per directions of this Court dated 11.04.2023 and passed fresh order dated 28.04.2023 again fixing the same amount of affiliation fee with slight modification i.e. endowment fee was reduced from Rs.15,000/- to Rs.10,000/-. The writ petition was duly amended and again interim order was passed by this Court by means of interim order dated 22.05.2023, the Court proceeded to stay the operation and effect of order dated 28.04.2023 and recorded the fact that the College shall be bound to pay final fee fixed by this Court at the time of final disposal of the said writ petition, the Court further directed as an interim measure that the College shall deposit an amount of Rs.1,00,000/- for each subject of Post Graduate Course for which affiliation is sought.
8. It has been submitted by Sri Amit Jaiswal, learned counsel appearing for the College that in compliance of the order of this Court dated 22.05.2023, the amount as provided therein has been deposited and in pursuance to which the University has conducted examinations wherein the petitioner has appeared for the course of M.D. (Community Medicine) and her result has already been declared.
9. The grievance of the petitioner which is still subsisting is with regard to grant of her marksheet, degree and migration certificate by the University.
10. Considering the fact that the issue with regard to quantum of affiliation fee is under consideration in Writ Petition No. 2803 of 2023, where the College has given undertaking that they would be bound to pay final fee at the time of final disposal of the writ petition and also considering the fact that in pursuance to the interim order of this Court in the previous writ petition, the petitioner has already appeared in the examinations and her results have also been declared and therefore, there is no reason for the University to withhold the marksheet, degree and migration certificate of the petitioner. In the aforesaid circumstances, the University is directed to release marksheet, degree and migration certificate to the petitioner.
11. The respondent-University is directed to release the marksheet, degree and migration certificate in favour of petitioner forthwith within maximum period of two weeks from today, in accordance with law.
12. The writ petition stands allowed."
(Alok Mathur, J.) Order Date :- 31.7.2024 RKM.