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2025 DAILYLAW 135244 (ALL)

DR. MAHALWAR EDUCATIONAL TRUST, ALIGARH THRU. AUTHORIZED SIGNATORY, SRI RAJ KUMAR SINGH v. STATE OF UP THRU. PRIN. SECY. DEPTT. OF TECHNICAL EDUCATION, LKO. AND OTHERS

WRIC/3744/2025 · 2025-09-04

Pankaj Bhatia

body2025

Judgment text

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. HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 3744 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned Counsel for the parties. 2. The present writ petition has been filed for the following reliefs: "a. Issue writ, order or direction in the nature of certiorari quashing the impugned order dated 09.04.2025 passed by the Respondent No. 1, in so far as it relates to the petitioner, after summoning the original: b. Issue writ, order or direction in the nature of certiorari quashing the impugned order dated 10.04.2024 passed by the respondent no. 2 rejecting the grant of affiliation to the petitioner's institution for B. Pharma Course for the academic session 2024-25, true copy of which is annexed herewith as Annexure No. 1; c. Issue writ. order or direction in the nature of certiorari quashing the recommendations of the Affiliation Committee of the Respondent No. 2 University vide minutes of the meeting dated 07.04.2025, in so far as it relates to the petitioner, true copy of which is annexed herewith as Annexure No. 2; Versus Counsel for Petitioner(s) : Paavan Awasthi, Mohd. Ashad, Parth Anand Counsel for Respondent(s) : C.S.C., Aditi Tripathi, Atul Kumar Dwivedi, Ravi Singh Dr. Mahalwar Educational Trust, Aligarh Thru. Authorized Signatory, Sri Raj Kumar Singh .....Petitioner(s) State Of Up Thru. Prin. Secy. Deptt. Of Technical Education, Lko. And Others .....Respondent(s) d. Issue writ, order or direction in the nature of mandamus commanding the Respondents to consider and grant affiliation to the petitioner for its institution for B. Pharma. Course for the academic session 2024-25; e. Issue writ, order or direction in the nature of mandamus commanding the Respondent No. 2 to allow to the petitioner's institution to take admissions against vacant seats for the B Pharma Course for the academic session 2024-25 namely, "Mahalwar institute of Pharmacy" and to register/enrol the students admitted in the petitioner's institution;" 3. Learned counsel for the petitioner states that this aspect for grant of affiliation was considered by the Special Appellate Court in Special Appeal in its judgement dated 17.07.2025 passed in Special Appeal No. 125 of 2025. Special appeals preferred by the State of U.P. got dismissed as is evident from the said judgement. It is argued that the application of the petitioner for the affiliation in the academic year 2024-25, should also be considered along with the applicants as directed in the Special Appeal judgement dated 17.07.2025. It is further stated that the request for grant of affiliation for the academic year 2025-26 should also be considered and granted within the time line as fixed by the Supreme Court vide order dated 09.05.2025 in M.A. No. 711 of 2025 in Civil Appeal No. 9048 of 2012 (Parshavanath Charitable Trust and Ors. V. All India Council for Technical Education and Ors.). 4. Without going into the merits of the claim made by the petitioners particularly in respect of the academic year 2024-25, the petition is disposed of, directing the respondents to consider the application of the petitioner for grant of affiliation for the academic year 2025-26. 5. While doing so, the respondent no. 1 and 3 shall be guided by the judgement of this Court in Special Appeal No. 125 of 2025. 6. The said consideration shall be accorded within the timeline as fixed by the Hon'ble Supreme Court. WRIC No. 3744 of 2025 2 7. The orders impugned are quashed. September 4, 2025 akverma WRIC No. 3744 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench