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2025 DAILYLAW 125104 (ALL)

ROHIT KUMAR v. KING GEORGES MEDICAL UNIVERSITY, LKO. THRU. VICE CHANCELLER AND OTHERS

WRIC/1890/2025 · 2025-02-28

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12043 Court No. - 19 Case :- WRIT - C No. - 1890 of 2025 Petitioner :- Rohit Kumar Respondent :- King Georges Medical University, Lko. Thru. Vice Chanceller And Others Counsel for Petitioner :- Ajay Pratap Singh,Ramesh Babu,Vishram Kumar Chauhan Counsel for Respondent :- Shubham Tripathi Hon'ble Manish Mathur,J. 1. Heard Mr. Ajay Pratap Singh, learned counsel for petitioner and Mr. Shubham Tripathi, learned Counsel for opposite parties. 2. Petition has been filed challenging orders dated 13.12.2024 and 02.01.2025 passed by Dean, Faculty of Nursing, King George's Medical University, Lucknow debarring petitioner from perusing the B.Sc Nursing Course, for a period of six months. Further concomitant prayers requiring opposite parties to permit petitioner to pursue his studies has also been made. 3. It has been submitted that a bare perusal of the impugned orders will make it evident that petitioner has been debarred from pursuing aforesaid studies by leveling serious allegations of mis-conduct upon him but without affording any opportunity of hearing or even considering submissions advanced by petitioner. It is submitted that therefore the impugned orders are arbitrary and violative of Article 14 of the Constitution of India. 4. Learned counsel for opposite parties has refuted submissions advanced by learned counsel for petitioner with submission that prior to passing of the impugned orders, the petitioner was in fact heard in the meeting dated 10.12.2024 and the impugned orders have been passed only after affording an opportunity of hearing to petitioner and considering his reply. It is submitted that since the reply and its consideration were indicated in the minutes of meeting, no separate observation thereof, is indicated in the impugned orders. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is however evident from the impugned orders themselves that they do not advert to any opportunity of hearing being granted to petitioner nor any consideration of submissions made by petitioner. The impugned orders however debar petitioner on allegations of mis-conduct and submission of forged documents. 6. In the considered opinion of this Court, the impugned orders are clearly stigmatic in nature and therefore the concerned authority was required to afford an opportunity of hearing to petitioner and to advert to and deal with the submissions raised by petitioner. Such a course of action having not been taken by authority concerned, renders the orders clearly arbitrary and non-speaking in nature. 7. In view thereof, impugned orders dated 13.12.2024 and 02.01.2025 are hereby quashed by issuance of a writ in nature of Certiorari granting liberty to concerned authority to pass fresh orders, if required but only after affording an opportunity of hearing to petitioner and dealing with submissions made by him. 8. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 28.2.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench