Allahabad High Court
Aniket Pandey vs State Of U.P. And 5 Others on 22 January, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 19787 of 2019 Petitioner :- Aniket Pandey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sheel Kumar Ojha Counsel for Respondent :- C.S.C.,Rohit Pandey Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 25.4.2019, passed by the Registrar, Chhatrapati Sahu Ji Maharaj University, Kanpur. The order impugned allows the petitioner to be re-admitted in BCA third year course and thereby he has to attend classes for the fifth semester and also appear in its examination.
The order is assailed on the ground that petitioner has already passed fifth semester examination, and therefore, while granting re-admission the petitioner cannot be directed to attend classes in a semester which he has already passed.
Facts, as would emerge on record, are that petitioner was admitted to Bachelor of Computer Application course in the academic session 2015-16. It is admitted that the academic session consisted of two semester in each year and the course itself was of three year duration. It is admitted on record that petitioner has cleared five semesters. It is at this stage that the petitioner was rusticated by the University consequent upon his implication in a criminal case under section 306 IPC. The order of rusticated was passed on 7.4.2018. An appeal was preferred by the petitioner against the order of rustication which has been allowed on 25.4.2019. It is thereafter that petitioner has been allowed re-admission in BCA third year. The consequence of the order dated 25.4.2019 has been interpreted by the University to mean that he shall be admitted in fifth semester. According to petitioner, since he has already passed fifth semester examination his admission ought to be in sixth semester and it cannot be in fifth semester.
The writ petition has been entertained and following orders were passed on 2.7.2019:-
"Learned counsel for the petitioner contends that the petitioner had shortage of attendance in the six semester of the B.C.A. course run by the respondent University. The short attendance was occasioned by causes beyond his control. The petitioner was falsely implicated in a criminal case registered as Case Crime No. 0375 of 2018, Police Station Kalyanpur, Kanpur Nagar under Section 306 I.P.C. and had to go to prison for the same.
Sri Sheel Kumar Ojha, learned counsel for the petitioner contends that the petitioner is innocent of the criminal charges. In case the charges are used to impede his academic pursuits, his future would be blighted. Consequent to his arrest in a criminal case, the petitioner was rusticated from the University. The petitioner took the order of rustication in appeal. The appellate court allowed his appeal by order dated 25.04.2019 and granted readmission to the petitioner in the fifth semester.
Learned counsel for the petitioner contends that the readmission to the petitioner in the fifth semester is a result of misinterpretation of the Bye-laws of the University. The petitioner has already completed his fifth semester and he was illegally detained by the respondent University. As a result of the order passed by the appellate authority, the petitioner would be financially burdened, as he would have to pay the entire fee/admission fee for the fifth semester.
Matter needs consideration.
As an interim measure, it is provided that the petitioner shall be admitted in the fifth semester without requiring him to pay any admission and tuition fee for such admission and the academic session.The petitioner shall appear in the fifth semester classes w.e.f. 15.07.2019. The attendance of the petitioner shall be counted only from 15.07.2019.
Learned counsel for the respondent University prays for and is granted four weeks time to file counter affidavit.
List thereafter."
A counter affidavit has been filed by the University to which rejoinder affidavit has also been filed.
I have heard Sri Rajeev Kumar Upadhyaya and Sri Sheel Ojha, learned counsels appearing for the petitioner and Sri Rohit Pandey, learned counsel for the respondent University and have perused the materials brought on record.
The facts which are relevant for the present cause have already been noticed above. Even in the counter affidavit it is admitted that on the date when petitioner was rusticated by the University he had already appeared in his fifth semester examination. The fifth semester examination has already been conducted prior to petitioner's rustication on 17.4.2018 and the result of fifth semester has also been declared on 20.5.2018.
Once the petitioner had already passed fifth semester examination, he has to be admitted to the next semester which would be the sixth semester. It is otherwise not in dispute that petitioner has paid requisite fee for the fifth semester and if he is required to appear in fifth semester again, he would not only stand to loose by paying additional fee for the semester which he had already passed but also stand to loose valuable time. The order of the University merely provides that petitioner shall be admitted to BCA third year. The import of the order ought to be considered as permitting the petitioner to be admitted to sixth semester and not to fifth semester.
The ordinance of the University, particularly clause 18 which deals with re-admission appears to have been misread and misconstrued by the University. Clause 18.3 is relevant for the present purpose and is reproduced hereinafter:-
"18.3- A candidate has been detained by the institute and has also been permitted to take re-admission."
In view of the fact that petitioner has already passed fifth semester examination, his re-admission has to be in the next semester and not in the semester which has already been cleared by the petitioner. The order passed by the University dated 25.4.2016 to that extent needs modification.
Writ petition is, accordingly, disposed of with the direction upon the University concerned to admit the petitioner in the sixth semester of BCA third year course and petitioner shall be allowed to appear in its ensuing examination, which is reportedly to be held sometime in May, 2020.
Order Date :- 22.1.2020 Ashok Kr.