Allahabad High Court
Diksha Surya vs State Of U.P. And 2 Others on 9 September, 2020
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - C No. - 10746 of 2020 Petitioner :- Diksha Surya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Mishra Counsel for Respondent :- C.S.C.,Rohit Pandey Hon'ble Manoj Kumar Gupta,J.
The petitioners appeared in U.P. B.Ed Course Joint Entrance Examination held on 15.4.2019. Thereafter, they were called for counselling to be held on 6.7.2019 by online mode. The petitioners were allotted Sardar Ballabh Bhai Patel Degree College (the third respondent herein). The petitioners took admission in the said College and deposited the requisite fee of Rs. 51,250/-. The specific case of the petitioners is that they were permitted to pursue their course on basis of the admission given by the College. However, at the stage of filling examination forms by online mode, the University declined to accept the examination forms of the petitioners. Consequently, the College wrote to the University to accept the examination forms of the petitioners being bonafide students of the College. When no action was taken in that regard, the present writ petition was filed praying for a mandamus commanding the respondent-University to include the names of the petitioners in the list of bonafide students of the College-respondent no. 3 and permit them to fill examination form.
Sri Rohit Pandey, learned counsel for the respondent-University is in receipt of instructions. He states that the counselling was held by online mode on 6.7.2019 and allotment letters were also issued to the students. Later, it transpired that there was some mistake in the process of issuance of allotment letters. Therefore, entire list was cancelled and a fresh list was issued on 8.7.2019. Thus, according to the case taken by the University, the petitioners were at wrong in taking admission in the third respondent college on basis of allotment letter issued on 6.7.2019 as the same stood cancelled.
Learned counsel for the petitioners submitted that the petitioners were never communicated the order dated 8.7.2019. He further submitted that the petitioners on the strength of allotment letter issued on 6.7.2019 took admission in the College allotted to them. The College also accepted the fees and permitted them to pursue the course. The College also never pointed out that the allotment letter issued in their favour was cancelled at any stage. He further submitted that in identical facts and circumstances, this court in Writ - C No. 2996 of 2020 (Khushboo Singh and 2 others vs. State of U.P. and 3 others) repelled the same stand of the University and permitted the students to pursue their course on basis of the allotment letters issued to them originally on 6.7.2019. The operative part of the directions given by this court in the said writ petition is as follows: -
"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."
Learned counsel for the respondent-University Sri Rohit Pandey does not dispute that the said writ petition was based on identical facts and in pursuance of directions given in the said writ petition, the petitioners therein were permitted to pursue their B.Ed course on basis of the allotment letters issued to them on 6.7.2019.
Having regard to the above facts, this court is of the opinion that the petitioners herein are also entitled to be treated in the like manner.
Accordingly, the respondent-University is directed to treat the petitioners as bonafide students of respondent no. 3 and permit them to continue with their further studies and appear in the examinations.
At this stage, Sri Rohit Pandey, learned counsel for the respondent-University points out that the admission fees of the petitioners was refunded to them as in case of Khusboo Singh and 2 others. In the said writ petition, as noted above, the court permitted the petitioners therein to again deposit the fees by means of bank draft, along with certified copy of the order within a week. The same direction shall govern the instant matter as well. The petitioners herein would also deposit the fees by means ofbank draft in the college concerned, along with a true attested copy of the instant order within ten days from today.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 9.9.2020 Jaideep/-