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2025 DAILYLAW 165807 (ALL)

LATE AMARNATH ANAND TRUST THRU.AUTHORISED SIGNATORY,SRI SHASHI KANT SRIVASTAVA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF TECH. EDU. LKO AND 3 OTHERS

WRIC/9374/2025 · 2025-09-25

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9374 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioners, Shri Lalit Shukla, learned counsel appearing for the respondent no.2, Shri Anagh Shukla, learned counsel appearing for respondent no.3 and 4 and perused the material available on record. 2. The present petition has been filed with the following relief(s): " [i] To issue a writ, order or direction in the nature of mandamus commanding the Opp-party No. 3 to grant Extension of Affiliation to the petitioners institution for conducting the MBA course for the academic session 2025-2026 as per the approval granted by the All India Council for Technical Education (herein after be referred as AICTE). [ii] To issue a writ, order of direction in the nature mandamus commanding the Opp- party No. 3 e.i. Dr. A.P.J. Abdul Kalam Technical University, Uttar Pradesh, Lucknow to allow the petitioners institution to participate in the ongoing counselling process for the academic session 2025-2026 for MBA course and take admission as per the approval granted by the AICTE and also to allow the petitioner's institution to fill the management quota seats whenever the process of the same is started by the Opp-party No. 3 and to hold a special round of counselling for the petitioner's institution." 3. It is argued by counsel for the petitioners that despite, the petitioner uploaded all the requisite documents on the portal within the time prescribed, the same are not being considered and no orders are being passed. 4. Learned counsel for respondent no.3 and 4, based upon instructions, states Versus Counsel for Petitioner(s) : Prafulla Tiwari, Naveen Shukla Counsel for Respondent(s) : C.S.C., Atul Kumar Dwivedi, Lalit Shukla Late Amarnath Anand Trust Thru.Authorised Signatory,Sri Shashi Kant Srivastava And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Tech. Edu. Lko And 3 Others .....Respondent(s) that the documents were not uploaded on the portal and as such, the case of the petitioner was not considered. 5. Considering the fact that, the petitioner relies upon, the certificate downloaded from the portal, depicting the deposits of the documents made, I deem fit it appropriate to refer the matter to the respondent no.4, who will consider the cause of the petitioner, including the submission of documents, as relied upon before this Court. In addition to the same, the petitioner shall re-submit the paper in physical format before the respondent no.4. Respondent no.4 shall, thereafter, without going into the technicalities, take steps for processing the request of the petitioner, in accordance with law, within the time as framed by the Hon'ble Supreme Court in the case of Parshavanath Charitable Trust & Ors. vs. All India Council for Tech. Edu. & Ors. (Civil Appeal No. 9048 of 2012) 6. Petition stands disposed of in above terms. September 25, 2025 Praveen WRIC No. 9374 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench