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2025 DAILYLAW 113867 (ALL)

GAURAV SRIVASTAV AND 50 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HIGHER EDUCATION LKO. AND 5 OTHERS

WRIC/119/2025 · 2025-01-06

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:778 Court No. - 19 Case :- WRIT - C No. - 119 of 2025 Petitioner :- Gaurav Srivastav And 50 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Higher Education Lko. And 5 Others Counsel for Petitioner :- Shiv Sharan Singh Counsel for Respondent :- C.S.C.,Akhilesh Kumar Srivastava Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners, learned State Counsel for opposite party No.1 and Mr. Akhilesh Kumar Srivastava learned counsel for opposite parties 2,3 and 4. In view of order being passed, notice to opposite parties 5 and 6 stands dispensed with. 2. Petition has been filed seeking a direction to opposite parties for issuance of admit card to petitioners and to permit them to participate in M.Sc. (Physics), M.Com, M.Sc. Mathematics), M.A. (Urdu) and M.A. (Sociology) Ist Semester Examinations for academic session 2024-25 scheduled from 8th January, 2025. Further prayer for directing opposite parties to provisionally allowed petitioner to participate in M.Sc. (Physics), M.Com, M.Sc. Mathematics), M.A. (Urdu) and M.A. (Sociology) Ist Semester Examinations for academic session 2024-2025 scheduled from 8th January, 2025 has also been sought. 3. Learned counsel for petitioners submits that earlier this Court had granted indulgence with regard to same prayers in Writ C No. 10397 of 2024, Avaneesh Raj Verma versus State of U.P. and others whereby the university was directed to open the portal for the purposes of verification of U.I.N. code in order to enable them to complete the examination form for purposes of issuance of admit card. He has placed reliance on another direction issued by this Court dated 5th December, 2024 passed in Writ C No. 9866 of 2024, Babu Suryabali Sant Saran Das Balika Mahavidyalaya and others versus State of U.P. and others whereby the aforesaid direction passed in the case of Avaneesh Raj Verma (supra) has been followed. 4. Learned counsel appearing for opposite parties 2,3 and 4 has refuted submissions advanced by learned counsel for petitioner with submission that in pursuance of directions issued by this Court in Writ C No. 9866 of 2024, necessary directions were issued by university on 6th December, 2024 regarding opening of the portal for those institutions which came within purview of directions issued in the case of Avaneesh Raj Verma (supra). 5. It is submitted that the institution namely Shanti Devi Subhash Chandra Sushant P.G.College, Bahraich in which petitioners are students did not fulfil the requirements as envisaged in the case of Avaneesh Raj Verma (supra) since in the present case approval for conduct of classes has not been granted. It is submitted that in such circumstances, the institution in question not coming within purview of aforesaid decision of this court, the opening of portal for petitioner was rejected. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly directions issued by this Court in the case of Avaneesh Raj Verma (supra), it is evident that in the said case, all the requisite formalities were complete and was only on account of laxity by the college concerned in verifying U.I.N. numbers of students that the examination forms could not be uploaded. 7. The aforesaid factor was thereafter considered by this Court again in Writ C No. 9866 of 2024 and it was directed that portals for all such institutions should be reopened who stood at parity with the case of Avaneesh Raj Verma (supra). In the present case, it is quite evident that the basic ingredient of approval for conduct of classes by the institution concerned has not been granted by the university. In such circumstances, this Court does not find the petitioner's case to be in parity with that of Avaneesh Raj Verma (supra). 8. Even otherwise the rejection order dated 6th December, 2024 has not been challenged. 9. In view of aforesaid, the petition being devoid of merits is dismissed at the admission stage itself. Parties to bear their own cost. Order Date :- 6.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench