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2025 DAILYLAW 121546 (ALL)

PRADEEP KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HIGHER EDUCATION, LKO. AND OTHERS

WRIC/1074/2025 · 2025-02-27

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11863 Court No. - 19 Case :- WRIT - C No. - 1074 of 2025 Petitioner :- Pradeep Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Higher Education, Lko. And Others Counsel for Petitioner :- Sudhakar Mishra Counsel for Respondent :- C.S.C.,Tushar Mittal Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite party No.1 and Mr. Tushar Mittal learned counsel for opposite parties 2,3 and 4. 2. On 7th February, 2025 following order had been passed:- 1. Heard learned counsel for petitioner, learned State Counsel for opposite party no.1 and Mr. Tushar Mittal, learned counsel for opposite parties 2 to 4. 2. Petition has been filed seeking a direction toauthority concerned for cancellation of educational documents of petitioner such as mark sheet of examination year 2010, Graduation First year of regular examination year 2011, graduation second year of examination year 2012 and graduation third year by convening a meeting under Section 24(2) of Dr. Ram Manohar Lohiya Awadh University, Ayodhya in accordance with order dated 16.01.2023 passed by the Vice Chancellor. 3. It appears that earlier as well petitioner had filed WRIT - C No. - 7340 of 2020 which was disposed of vide order dated 25.08.2022 directing opposite parties to decide petitioner's representation, which has not been decided till date. 4. Learned counsel for University on the basis of instructions submits that the representation of petitioner could not be decided since the quorum of 'Court' as indicated in Section 22 of the State Universities Act, 1973 is incomplete for the past three years. 5. In view thereof, learned counsel for University is granted a week's time to obtain instructions as to authority which is empowered to make good the quorum required under Section 22 of the Act. He may also obtain instruction as to an alternate mode of redressal of petitioner's grievance in case such quorum cannot be fulfilled. 6. List this case on 14.02.2025, as fresh." 3. In pursuance thereof, Mr. Mittal has been provided written instructions dated 24th February, 2025, a copy of which is taken on record and as per which, the grievance of petitioner is required to be considered under Section 22 of the U.P. State Universities Act 1973 but the quorum is neither complete nor is there any possibility of its being complete in near future. 4. Learned counsel for petitioner however has expressed urgency in this matter in view of the fact that petitioner's career is being affected due to non consideration of his grievance. 5. Learned counsel for answering University on the basis of written instructions submits that although 'court' as prescribed under Section 22 of the Act is incomplete but in terms of first statutes of university, the executive council is the highest decision making body of the university and therefore the said authority may take a decision with regard to grievance of petitioner. 6. Learned counsel for petitioner on the basis of instructions submits that in view of urgency in the matter, the executive council may take a decision with regard to this grievance. 7. Considering aforesaid submissions, the executive council of Dr. Ram Manohar Lohiya Awadh University Ayodhya/Faizabad is directed to take a decision with regard to grievance of petitioner as indicated herein above expeditiously, preferably within a period of eight weeks from the date a certified copy of this order is served upon the said authority. The order shall be passed after affording opportunity of hearing to petitioner. 8. With the aforesaid directions, the petition stands disposed of. Order Date :- 27.2.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench