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2025 DAILYLAW 119083 (ALL)

BHARDWAJ SHIKSHA SEWA SAMITI THRU. AUTHORIZED SIGNATORY VISHAL UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. TECHNICAL EDU. LKO. AND 3 OTHERS

WRIC/600/2025 · 2025-04-15

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20997 Court No. - 8 Case :- WRIT - C No. - 600 of 2025 Petitioner :- Bhardwaj Shiksha Sewa Samiti Thru. Authorized Signatory Vishal Upadhyay Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Technical Edu. Lko. And 3 Others Counsel for Petitioner :- Paavan Awasthi,Gaurav Mehrotra,Parth Anand Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh along with Case :- WRIT - C No. - 836 of 2025 Petitioner :- Mata Madhuri Devi Shikshan Seva Sansthan Thru. Authorised Signatory, Smt. Princee Rai And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education, Lucknow And Others Counsel for Petitioner :- Prafulla Tiwari,Ujjwal Tripathi Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh along with Case :- WRIT - C No. - 904 of 2025 Petitioner :- Ranno Devi Pandit Dev Narayan Shukla Shikshan Sansthan, Raebareli Thru. Mgr. Jitendra Kumar Shukla Respondent :- State Of U.P. Thru. Addl. Chief/ Prin. Secy., Deptt. Technical Education, Lko. And Others Counsel for Petitioner :- Rajat Rajan Singh Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh Hon'ble Jaspreet Singh,J. Heard Sri Gaurav Mehrotra learned counsel who is appearing in the present writ petition. Sri Prafulla Tiwari learned counsel for the petitioner in Writ C no.836 of 2025 and Sri Rajat Rajan Singh learned counsel in Writ C no.904 of 2025. Sri Rahul Shukla learned Additional Chief Standing counsel for the State respondent. Sri Atul Dwivedi learned counsel for the University as well as Sri Ravi Singh learned counsel for the Pharmacy Council of India. The issue involved in the instant three petitions are primarily the same and for the said reason the said petitions were connected together. In all the aforesaid petitions, it is the contention of the petitioners institution that the petitioners had applied for affiliation from the University concerned. The order was passed in favour of the petitioners institution by a coordinate bench of this Court which was assailed before the Apex Court wherein no success was achieved by the respondent and the order passed by the Apex Court dismissing the petitions of the State were also on record yet the State respondents did not pass any orders and in the aforesaid background the petitioners had to approach this Court by filing petitions seeking affiliation for running course of B-Pharma for the academic year 2024-25 with a further prayer that the petitioners may be permitted to undertake direct admissions against the vacant seats, as had, the affiliation been granted in time the petitioners institute could have got the benefit of participating in the counselling. The record further indicates that the time was granted to the State to seek instructions. Today, Sri Rahul Shukla learned Additional Chief Standing counsel has provided a copy of the written instructions dated 11.04.2025 wherein it has brought on record the minutes which were considered for which the affiliation has been granted in respect of five institutes. The present petitioners are amongst those five institutes who have been granted affiliation as well as have been recommended. In this view of the matter in so far as the primary prayer of the petitioner is concerned the same stands readdressed. However, what is urged by the counsel for the petitioners is that once the petitioners have been granted affiliation hence, they may also be permitted to take the admissions of students for B.Pharma course for the academic year 2024-25 in terms of the Government Order dated 30.06.2012. Considering the fact that the necessary recommendations have been made in favour of the petitioners and there is already a Government Order dated 30.06.2012 which is governing the field of making direct admissions. Accordingly, at this stage, no further adjudication is required, hence, the petitions are disposed of with the aforesaid observations that as per the recommendations the petitioners have been granted affiliation. Accordingly, they will be entitled to the benefit of the Government Order dated 30.06.2012 relating to direct admission subject to complying with necessary stipulations as provided in the aforesaid Government Order. In case, the petitioners move the University concerned in this regard, then the University shall taking note of the said admissions and it is expected that it will pass appropriate and necessary orders in accordance with law without delaying the matter any further. Order Date :- 15.4.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench