Allahabad High Court
Abhishek Sahoo And Another vs State Of U.P. And 4 Others on 16 December, 2020
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- WRIT - C No. - 9102 of 2020 Petitioner :- Abhishek Sahoo And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Kamlakar Pal Counsel for Respondent :- C.S.C.,Rohit Pandey Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Rohit Pandey, learned counsel appearing for the respondent University.
Learned counsel for parties are ad idem that the issues raised in this petition stand concluded in favour of the petitioner in light of the decision rendered in Khushboo Singh And 2 Others Vs. State of U.P. And 3 Others [Writ -C No. - 2996 of 2020 decided on 05.02.2020] wherein the Court held thus:
"In the facts and circumstances as have been noticed above, it is clear that petitioners have qualified the entrance test and have secured admission on the basis of their merits. There is no default on their part in depositing fee or attending their class. Merely because of some change in the procedure by which admission process was being undertaken would not be a ground to cancel petitioners' admission or to require them to take fresh steps by applying again or depositing fee. This entire exercise is otherwise without any opportunity of hearing and is not shown to be referable to any provision of law.
In that view of the matter, this writ petition stands allowed with a direction upon respondents to treat the petitioners' admission as valid and to allow them to pursue their B.Ed. course for which admission has already been granted to them and fee was also deposited. The returned amount shall be deposited by way of a bank draft to the college concerned, alongwith certified copy of this order, within a week from today."
The Court is further informed that in light of the lock down which ensued in light of COVID-19, promotions to the next class are being effected automatically in terms of the policy framed by the respondents.
In view thereof, this petition with consent shall stand disposed of with a direction to the respondent University to grant appropriate relief to the petitioner in light of the decision rendered in Khushboo Singh bearing in mind the policy framed for accordal of automatic progression to the next class in light of the pandemic.
Order Date :- 16.12.2020 Arun K. Singh (Yashwant Varma, J.)