Allahabad High Court
Vasant Kumar Pandey And Ors. vs State Of U.P. And Ors. [Alongwith Civil ... on 29 September, 2004
Equivalent citations: (2005)2UPLBEC1464
Author: Arun Tandon
Bench: Arun Tandon
JUDGMENT Arun Tandon, J.
1. Heard Sri Surendara Kumar Misra, learned Counsel for the petitioners, Sri Neeraj Tewari, learned Counsel for the Chhatrapati Sahu Ji Maharaj Kanpur University, Kanpur and learned Standing Counsel for the State-respondent.
2. Petitioners, who are 34 (thirty four) in number have filed this petition for a writ of mandamus directing the respondent No. 2, namely, Chhatrapati Sahu Ji Maharaj Kanpur University, Kanpur to declare the result of the petitioners of B.A.M.S. Examination of the Year 2002 and further to permit the petitioner to pursue their studies of the B.A.M.S. 2nd year Professional Course without any hindrance.
3. The petitioners claim to be admitted to B.A.M.S. Profession course for the academic year 2001-02 in pursuance of the notification published in newspaper in June, 2001 in Shame-e-Guasia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur. It is further stated that the said institution applied for affiliation with Chhatrapati Sahu Ji Maharaj Kanpur University, Kanpur (hereinafter referred to as the University) and that temporary affiliation was granted by the Vice-Chancellor of the University (However, no Order has been brought on record on the basis whereof it could be alleged that the affiliation was ever granted to the institution by the University).
4. In paragraph Nos. 8, 9, 10 and 11 of the writ petition it has been stated by the petitioners that Civil Misc. Writ Petition No. 39870 of 2002 was filed by the Committee of Management of Shame-e-Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur for various relief including the grant of affiliation by the University and in the said writ petition an interim Order was passed by this Court on 19th September, 2002, a copy whereof has been enclosed as Annexure No. 3 to the present writ petition. Under the interim Order passed by this Court dated 19th September, 2002, it was directed that the students of the Shame-e-Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Gary, Saheri, Ghazipur be permitted to appear in B.A.M.S. Examination of the year 2002 scheduled to start on 28th September, 2002. The result of the students was also directed to be declared but same was subject to the final Order to be passed in the writ petition. The said writ petition was directed to be listed after expiry of six weeks with connected writ petitions being Writ Petition Nos. 12643 of 2000 and 29803 of 1998. On the basis of the aforesaid interim Order the petitioners claim that they had been issued admit cards by the Kanpur University. Further they had undertaken the examinations of the aforesaid B.A.M.S. Course of the year 2002. However, the result of the said examination of the petitioners-students has not been declared hence the present writ petition.
5. On behalf of the Kanpur University, Sri Neeraj Tewari, Advocate has put in appearance and he has produced a copy of the final Order passed by this Court in Civil Misc. Writ Petition No. 39870 of 2002 referred to above (under the interim Order whereof the petitioners-students were permitted to appear in examination of the year of B.A.M.S. Professional Course). On the aforesaid fact being disclosed to the petitioners, the case was adjourned for completing the instructions. Today, the learned Counsel for the petitioners has filed a supplementary affidavit categorically admitted that the Writ Petition No. 39870 of 2002 along with the other connected writ petitions has been dismissed by the Division Bench of this Court vide judgment and Order of this Court dated 12th May, 2003. However, the petitioners have not brought on record the aforesaid judgment of the Division Bench of this Court.
6. At this stage the petitioners contends that the judgment and Order passed by the Division Bench of this Court dated 12th May, 2003, whereby the Writ Petition No. 39870 of 2002 and other connected writ petitions have been dismissed is without jurisdiction inasmuch as the writ petition was cognizable by a Bench of Hon'ble Single Judge only and therefore, the said judgment of the Division Bench of this Court may be ignored by this Court. On the basis of aforesaid submission it is contended that since the petitioners have appeared in the B.A.M.S. examination of the year 2002, the University is under legal obligations to declare the result of the students-petitioners. The learned Counsel for the petitioners has also placed reliance upon Chapter V, Rule 1 of the Rules of the Allahabad High Court for the purposes of contending that Writ Petition No. 39870 of 2002 was cognizable by a Single Judge and the same was wrongly dismissed by the Division Bench on 12th May, 2003, learned Counsel for the petitioner has placed reliance upon the judgment of the Hon'ble Supreme Court reported in 2003 (1) LBESR 256. The petitioners have also raised a plea of estoppel against the University inasmuch as according to the petitioners necessary admit cards were issued by the respondent-University after accepting the requisite fee of examinations, and therefore, University cannot withhold the result of the petitioners-students.
7. On behalf of the University it is contended by Sri Neeraj Tewari that Shame-e-Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Gary, Saheri, Ghazipur has not been granted affiliation for admitting the petitioners-students to the B.A.M.S. Course in the year 2001 and, therefore, the admissions granted to the petitioners-students is viod ab initio. It is further contended that the petitioners-students were permitted to appear in the examinations of B.A.M.S. Course of the year 2002 only in compliance Of the interim Order of this Court dated 19th September, 2002 passed in Civil Misc. Writ Petition No. 39870 of 2002 referred to above. Since the said writ petition has been dismissed, interim Order does not survive any further. Consequently, the relief prayed for by the petitioners-students cannot be granted.
8. From the facts which have been noticed hereinabove, it is apparently clear that Shame-e-Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur has not been granted any affiliation by the Kanpur University for admitting the petitioners-students in the B.A.M.S. Course for the academic year 2001-02.
9. It is further apparent from the record that the petitioners were permitted to appear in the B.A.M.S. Part-I examination conducted by the Kanpur University of the year 2002 only in compliance of the interim Order passed by this Court in Civil Misc. Writ Petition No. 39870 of 2002 dated 19th September, 2002. The said petition having been dismissed by the Division Bench of this Court vide judgment and Order dated 12th May, 2003, interim Order of this Court does not survive any further. The legal position in that regard has been settled by the Hon'ble Supreme Court in the judgment reported in Judgment Today 1992 (3) SC 98, Shree Chamundi Mopeds Ltd. v. Church of South Indian Trusts Assn. CSI Cinod Secretariate, Madras, whereunder it has been held that if an interim Order granted earlier by the Court is vacated, it is to be treated as not having been passed at all.
10. In view of the aforesaid settled legal position no bona fide claim for declaration of results can be made by the petitioners on the strength of the interim Order, which was granted in the Writ Petition No. 39870 of 2002. So far as the provisions of Chapter V, Rule 1 of the Rules of the Allahabad High Court are concerned, the issue as to whether the Division Bench had the jurisdiction to decide the Writ Petition No. 39870 of 2002 or not can be adjudicated by the said Division Bench alone and this Court has no competence to adjudicate upon the judgment and Order passed by the Division Bench and declare the said Order as without jurisdiction.
11. From the record it is established that no application for recall of the Order dated 12th May, 2003 has been filed by the petitioners of Writ Petition No. 39870 of 2002 in the case of Committee of Management of Shame-e-Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur.
12. In such circumstances, the petitioners of the present writ petition have no right to question the judgment and Order passed by the Division Bench of this Court dated 12th May, 2004 in Writ Petition No. 39870 of 2002, which was filed by the Committee of Management of Shame-e-Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur inasmuch as the Committee of Management of Shame-e-Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur has not moved any application for recall of the judgment and Order dated 12th May, 2003 passed by the Division Bench of this Court nor they are petitioners in the present writ petition. The Committee of Management of Shame-e-Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur has allowed the said Order to become final between the parties and petitioner cannot question the judgment of the Division Bench in a lateral proceedings.
13. So far as the judgment of the Hon'ble Supreme Court reported in 2003 (1) LBESR 256, is concerned, suffice it to point out that in the said case excess number of students were admitted in the B.A.M.S. Course recognized by the University. The Hon'ble Supreme Court permitted to students admitted in excess of sanctioned strength to appear in the examinations. The facts of the present case are entirely different. The University never granted affiliation to the said institution and further the petitioners were permitted to appear in the examination on the strength of the interim Order of this Court dated 19th September, 2002. It is settled law that no orders of the Court can cause any harm to a party. Merely because of the petitioners have been permitted to appear in the examination of B.A.M.S. Part-I Course on the strength of interim Order, it is neither equitable nor justified to direct the University to declare the result of the petitioners-students specifically in view of the fact that the said writ petition filed by the Committee of Management has been dismissed by this Court during this period.
14. In such circumstances, absolutely no case is made out for interference under Article 226 of the Constitution of India. The writ petition is devoid of merits and is, accordingly dismissed.