SHRI RAM MURTI SMARAK INST. MEDICAL SCIENCES THRU. OFFICE SUPERINTENDENT PANKAJ DIXIT AND 4 OTHERS v. G.S MEDICAL COLLEGE/HOSPITAL THRU. DEPUTY DIRECTOR MUKUL GUPTA AND 4 OTHERS
SPLA/71/2025 · 2025-02-12
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 123443 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123443 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8951-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 71 of 2025 Appellant :- Shri Ram Murti Smarak Inst. Medical Sciences Thru. Office Superintendent Pankaj Dixit And 4 Others Respondent :- G.S Medical College/Hospital Thru. Deputy Director Mukul Gupta And 4 Others Counsel for Appellant :- Amit Jaiswal Ojus Law,Ambrish Singh Yadav Counsel for Respondent :- Mudit Agarwal,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Abdhesh Chaudhary learned counsel assisted by Sri Amit Jaiswal, Ambrish Singh Yadav, Aditya Singh
learned counsel for the appellants and Sri J.N. Mathur learned Senior Counsel assisted by Sri Mudit Agarwal
learned counsel for the respondent no. 1 and learned Standing Counsel for the State..
2. Sri J.N. Mathur, learned Senior Counsel appearing on behalf of the respondent no. 1 at the very outset has pointed out that though the present appellant seeking leave to appeal as against the judgment impugned in the intra court appeal was not a party to the writ proceedings which itself was confined for quashing of the notification insofar as it affected the rights of the petitioners.
3. The prayers made in the writ petition for ready reference are extracted below :- (i) Issue a writ, order or direction in the nature of certiorari quashing the order/notification dated 28.10.2024(Annexure No. 1) passed by the State Government in so far as it relates to the petitioner institute. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to compel the petitioner institute to charge the fee as determined vide order/notification dated
28.10.2024. (iii) Issue a writ, order or direction in the nature of mandamus
directing the respondents particularly respondent no. 2 to determine the fee taking into consideration the proposal submitted by the petitioner, the inflation and the increase in the running expenses of the college and all other relevant factors after permitting the petitioner to submit any other further documents and pass a reasoned and speaking order in this regard. (iv) Grant such other/further relies as may be deemed just and appropriate in the facts and circumstances of the case. (v) Award costs in favour of the petitioner.
4. The clarification made is evident from the relief clause (i) itself without any ambiguity. It appears that the present appellant seeking leave to appeal is an aggrieved party out of an inadvertent error in the judgment passed by the writ court as the benefit thereof has not been confined to the petitioners.
5. At this stage, we permit the respondent no. 1-petitioner to make an appropriate application for correction of the
judgment impugned herein within a period of one week from today so that unnecessary litigation does not flow to this Court arising out of the error pointed out.
6. The intra court appeal is accordingly disposed of. . [Subhash Vidyarthi, J.] [A.R. Masoodi, J.]
Order Date :- 12.2.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench