HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 227 of 2023 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. Order on C.M Application No. 1 of 2023 1. Heard. 2. This is an application for condonation of delay in filing the appeal, which is supported with an affidavit. 3. The application for condonation of delay is allowed. The delay is hereby condoned. (Order on Memo of Appeal) 1. After hearing Shri Vivek Shukla, learned counsel for appellant and Shri Raziullah, learned counsel for the respondent, what comes out is that the respondent herein was allotted a seat in a medical college i.e. Babu Banarsi Das Dental College of Medical Sciences, Gomti Nagar, Lucknow. 2. The contention of the respondent before the writ court was that when she went to take admission, an illegal demand of Rs. 6 lakhs was made, which she could not deposit, accordingly, she was not given admission, therefore, the security money of Rs. 2 lakhs deposited by her should be refunded in terms of the Government Order dated 03.07.2017. 3. Learned Single Judge has accepted the contention of the petitioner and allowed the writ petition on the premise that there is a recommendation in favour of the respondent-petitioner dated 07.05.2018 as her name figures in the list appended therewith. 4. We have perused the letter dated 07.05.2018. We do not find any such Versus Counsel for Appellant(s) : Abhinav Trivedi Counsel for Respondent(s) : Mohd. Raziullah Director General Directorate Of Medical Education And Training State Of U.P. Lko. .....Appellant(s) Mahi Singh And Others .....Respondent(s) recommendation based on any finding of unreasonable demand being made by the respondent-college from the respondent-petitioner. What the letter dated 07.05.2018, which has been sent by the Director General, Medical Education and Training to the Principal Secretary, Medical Education, indicates is that as it is not possible to verify the genuineness of the claim, therefore, the G.O dated 03.07.2017 should be relaxed. The difficulty being faced by the Director General, Medical appears to be on account of the lapse of time. There is no such finding that unreasonable demand was made by the respondent-college and that the claim of the respondent-petitioner was covered by the G.O dated 03.07.2017. Moreover, the learned Single Judge has lost sight of the fact that in response to the said letter dated 07.05.2018 and the subsequent correspondence, another letter was issued by the government clearly stating that the genuineness of the claim had to be examined and determined, therefore, it was surprising as to why such queries were being made from the State Government. 5. It seems that the learned Single Judge has misread the documents on record. Unless there is a finding that the claim of the respondent-petitioner was a genuine one, the relief granted by the writ court could not have been granted. 6. We, therefore, quash the impugned judgment dated 07.09.2022, however, we direct the Director General, Medical Education and Training to get an inquiry conducted as to whether the allegations made by the respondent- petitioner against the respondent-college regarding unreasonable demand and whether that was the reason for she not being allowed admission or not being able to take admission, if so, then to consider her claim, in terms of the G.O dated 03.07.2017. 7. Let this exercise be completed by the said officer within three months. The respondent-college shall co-operate in the said inquiry and decision making. 8. We dispose of the writ petition and the appeal accordingly. October 29, 2025 DiVYa SPLAD No. 227 of 2023 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench