Allahabad High Court
Shri M.S. Chauhan Mavidhyalaya vs Dr. Bhim Rao Ambedkar University And 3 ... on 21 November, 2022
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - C No. - 42751 of 2019 Petitioner :- Shri M.S. Chauhan Mavidhyalaya Respondent :- Dr. Bhim Rao Ambedkar University And 3 Others Counsel for Petitioner :- Aditya Kant Sharma Counsel for Respondent :- C.S.C.,Gagan Mehta,Rohit Pandey With Case :- WRIT - C No. - 31473 of 2022 Petitioner :- Anil Kumar Verma And 26 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- C.S.C.,Shambhavi Tiwari Hon'ble Salil Kumar Rai,J.
Writ - C No. - 31473 of 2022 was connected with Writ - C No. 42751 of 2019 by the previous order of the Court, therefore, both the writ petition are being heard together and are being decided by this common order.
Writ - C No. 42751 of 2019 has been filed praying for a certiorari to quash the order dated 13.09.2019 passed by the Registrar/State Nodal Officer, Mahatma Jyotiba Phule Rohilkhand University, Bareilly rejecting the representation of the petitioner's institution i.e. Shri M.S. Chauhan Mavidhyalaya, Mainpuri to register the students admitted by the institution in its B.Ed. course.
Writ - C No. - 31473 of 2022 has been filed praying for a mandamus directing Dr. Bhimrao Ambedkar University, Agra to declare the result of B.Ed. final year (session 2019-21) of the petitioners and issue their respective mark-sheets.
Mahatma Jyotiba Phule Rohilkhand University is the counselling University while the Institution is affiliated to Dr. Bhim Rao Ambedkar University, Agra.
It is the case of the petitioner of Writ - C No. 42751 of 2019 that one time password OTP was not sent to the petitioner's institution on time. The order dated 13.9.2019 has been passed by the Counselling University on the ground that despite repeated OTPs being sent to the petitioner's institution, the institution did not submit the details of the students as required under the relevant Rules.
The contention of the petitioner's institution is that the institution could not take advantage of the OTPs because the OTPs were received on the registered mobile number after the time to verify the genuinity had expired. In order to show their bonafide, the institution has also sent the list of students admitted by them through E-mail and WhatsApp to the counselling University.
An interim order dated 20.12.2019 was passed in Writ - C No. 42751 of 2019 in which it was directed that the students admitted by the institution shall be permitted to pursue their courses and the respondent University shall not interfere with the admission or studies of the said students.
It has been stated that the students have already completed their B.Ed. course but the results have been withheld because of pendency of the present petition.
In view of the aforesaid, no purpose would be served to keep this petition pending.
Considering the circumstances of the case, the writ petition is disposed of with a direction to the Registrar, Mahatma Jyotiba Phule Rohilkhand University, Bareilly to verify the details regarding the admission of students by the petitioner's institution e.g. date of submission of admission forms, deposits of fees with the institution etc. and in case the admission of the students by the institution fulfils the criteria as per the Rules of the University, he shall communicate his decision to Dr. Bhim Rao Ambedkar University, Agra, which, in turn, shall declare the results of B.Ed. final year (session 2019-21) of the students so admitted. It is further directed that the whole exercise shall be completed by the University within three months from today.
Sri Rohit Pandey and Ms. Shambhavi Tiwari, learned counsel for the Universities shall communicate this order to the concerned officer of the respective Universities within 48 hours.
The Registrar (Compliance) shall also send a copy of this order to the Registrar of Mahatma Jyotiba Phule Rohilkhand University, Bareilly and Dr. Bhim Rao Ambedkar University, Agra within 48 hours.
Order Date :- 21.11.2022 nd