1 2025:CGHC:61216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5427 of 2025 1. Abhishek Singh Thakur S/o Amit Singh Thakur Aged About 20 Years R/o Ganganagar Sector II Mangla District Bilaspur (CG) ... Petitioner versus 1. The Union of India Through- Secretary Department Of Higher Education Ministry Of Education, New Delhi, 2. University Grant Commission Through Secretary, New Delhi 3. State of Chhattisgarh Through- Secretary Department Of Higher Education Mahanadi Bhawan, Mantralaya Naya, Raipur (C.G.) 4. Guru Ghasidas Vishwavidyalaya (A Central University) Through- Its Vice Chancellor, Koni Bilaspur (C.G.) 5. The Registrar Guru Ghasidas Vishwavidyalaya Koni Bilaspur (C.G.) 6. The Dean School Of Management And Commerce Guru Ghasidas Vishwavidyalaya, Koni, Bilaspur (C.G.) 7. The Head Of Department (Hod) Department Of Management Studies Guru Ghasidas Vishwavidyalaya , Koni Bilaspur (C.G.) ... Respondents For Petitioner : Mr. Gagan Tiwari, Advocate For Respondent No.1 : None For Respondent No.2 : Mr.J.N. Nande, Advocate For Respondent No.3 : Mr. Akhilesh Kumar, Govt. Advocate For Respondent No.4 to 7 : Mr. Neeraj Choubey, Advocate SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.18 14:36:11 +0530 2 SB: Hon'ble Shri Justice Parth Prateem Sahu Order on Board 16/12/2025 1. Petitioner has filed this writ petition seeking following reliefs:- “(I) That this Hon’ble Court may kindly be pleased to quash / set aside the impugned order dated 19.08.2025 (ANNEXURE P/1) whereby the Petitioner has been permanently expelled from the University. (ii) Issue an appropriate writ, order, or direction directing the Respondent authorities, particularly Respondent Nos.5 and 6, to remove the adverse remarks recorded on the Petitioner’s Transfer Certificate and Migration Certificate, and to issue fresh certificates without such remarks. (iii) Any other relief which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for respondent No.4 to 7 would submit that petitioner is having efficacious alternate remedy under Section 35 of the Central Universities Act, 2009 (for short ‘the Act of 2009’) of filing appeal before the Executive Council against the order/decision of the Academic Council. He contended that grievance of petitioner as reflecting from petition is that some adverse remarks have been made in his migration certificate and transfer certificate. The Executive Council can consider grievance of petitioner in an appeal if filed by petitioner under Section 35 of the Act of 2009. 3. Learned counsel for respondent No.2 would submit that according to the scheme of University Grants Commission, Lokpal is also appointed by the University for considering the 3 grievances raised by students against University or its officials. Guidelines for grievance redressal of students, employees and faculties is also published in this regard. 4. Learned counsel for petitioner submits that petitioner was student of BBA course in respondent No.4-University. For some act of petitioner, he was permanently expelled from the university; however, in the migration certificate and transfer certificate issued to him, some adverse remarks have been made as a result petitioner is not getting admission in any other college and due to which his entire career will be ruined. He also contended that credit score of petitioner is also not uploaded in the academic bank of petitioner. He further contended that in view of objection raised by learned counsel for respective respondents, in particular respondent No.4, that petitioner is having efficacious alternate remedy under the Act of 2009, this writ petition may be disposed of with liberty to petitioner to file appeal in terms of Section 35 of the Act of 2009. He further submits that considering the loss which is being suffered by petitioner continuously, the appellate authority/executive council be directed to consider and decide the appeal to be filed by petitioner within specified time. 5. Heard learned counsel for respective parties. 6. Considering the nature of grievance raised in writ petition, submissions of learned counsel for respective parties, in 4 particular submission of learned counsel for respondent No.4 that petitioner can avail alternate remedy of appeal available under Section 35 of the Act of 2009, this writ petition is disposed of permitting petitioner to submit an appeal, as provided under Section 35 of the Act of 2009, raising all grounds as raised in this writ petition. In the event, petitioner submits an appeal, the Executive Council of respondent No.4 is directed to consider and decide the same within a period of two months from the date of receipt of appeal. 7. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-