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Neutral Citation No. - 2025:AHC:28478 Court No. - 32 Case :- WRIT - C No. - 39830 of 2023 Petitioner :- Omesh Tiwari Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Shivendu Ojha,Sr. Advocate Counsel for Respondent :- A.S.G.I.,Harsh Bardhan Choubey,Hem Pratap Singh Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 11.08.2023 passed by Head of the Department of Physics/Institute of Science B.H.U. Varanasi, respondent no.4, whereby admission of the petitioner in Ph.D. has been cancelled on the ground that even after several intimation by the Department to the petitioner, he was unable to choose his Supervisor. 3. Challenging the said order, learned counsel for the petitioner has contended that it is the fault of the respondent-University due to which the petitioner could not get any Supervisor. He submits that the petitioner had approached the Head of the Department (Physics subject) of B.H.U. Varanasi to become a Supervisor, but he did not accept his request and asked him to choose other Professors in the Department as a Supervisor. He further submits that one of the Professors had agreed to his request and had given him to solve the questionnaire, which he solved and submitted to the concerned Professor, but he also did not respond, and therefore, there is no fault of the petitioner in not getting any Supervisor. Accordingly, it is submitted that the impugned order is illegal and not sustainable
in law. 4. Learned counsel for the respondent University submits that the University had given repeated intimations to the petitioner to submit registration form with the Supervisor but the petitioner despite repeated intimation did not do so. He submits that as per the University Ph.D. Ordinance Clause No. XVIII-1, the University has power to cancel the admission of the petitioner. He submits that the conduct of the petitioner is not appreciable which is evident from the letter written by the petitioner to the authorities dated 29.07.2023 appearing on page-65 of the paper book. 5. Be that as it may, the record reflects that the University has given several opportunities to the petitioner to submit registration with Supervisor but the petitioner did not choose to submit registration and the name of the Supervisor.
Further, letter of the petitioner appearing on page-65 reflects that the petitioner himself did not communicate with the Department. The contents of the letter of the petitioner is reproduced herein-below:- ''Authorities of the Department of Physics, Sir, You have not responded to my previous e-mails and now, you have send me a letter on 27.07.2023, you want me to come to the department and talk with the authorities. I had already told them that I don't want to communicate with them. The authorities of the department have been dishonest with me, manipulated me and harassed me. I have enough physical proof to prove that the authorities of the department are working against the character of the institution. You can send me whatever you want or cancel my admissioin. But whatever you to your actions will be recorded in the High Court. It will take me sometime to go to the High Court, so whatever you want to do, do it."
6. Since, it is established on record that despite repeated intimation, the petitioner did not opt the Supervisor and submit
registration, and further in view of the contents of the letter, extracted above, this Court does not find it to be a fit case to interfere with in exercise of power under Article 226 of the Constitution of India. 7. Consequently, the writ petition lacks merit, and is accordingly, dismissed with no order as to costs. Order Date :- 28.2.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad