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2025 DAILYLAW 6989 (HP)

ANUP KUMAR MANDAL v. STATE OF HP AND OTHERS

CWP/2398/2025 · 2025-02-27

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:3664 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2398 of 2025 Decided on: 27.02.2025 Anup Kumar Mandal … Petitioner Versus State of H.P. and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Sanjay Kumar Sharma, Advocate. For the respondents : Mr. Pushpender Jaswal, Addl. AG for respondents No. 1 and 2. : Mr. Vishwajeet Singh, Advocate for respondent No. 3. Mr. Vinod Chauhan, Advocate for respondents No. 4 and 5. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following substantive reliefs:- “I. That the instant writ petition may kindly be allowed with cost and the respondents/committee may kindly be directed to verify the academic records of the petitioner in a time bound manner; II. That the respondents/committee may kindly be directed to reconsider the criteria set up for considering the genuine 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:3664 students in a time bound manner if it is found that the record of the petitioner has not been updated with respondent no. 3 as the petitioner has already completed his graduation in Bachelor of Commerce. III. The respondents may kindly be directed to consider the petitioner as genuine student of Bachelor of Commerce, as the petitioner has been enrolled as student through proper admission process;” 2. Having heard learned Counsel for the petitioner and having carefully gone through the pleadings as well as documents appended therewith, this Court is of the considered view that this writ petition is completely misconceived. Hon’ble Division Bench of this Court in terms of the judgment passed in CWPIL No. 22 of 2022, titled as Court on its own motion vs. State of H.P. and others and other connected matters, decided on 20.12.2024, in para-11 thereof, has been pleased to hold as under:- “Therefore, in the peculiar facts and circumstances of the case, we leave it open to the petitioner/students to approach the competent court of jurisdiction for redressal of their grievance. As regards, those petitioners against whom the University does not have any grievance, we direct that their respective documents including degrees and other academic documents may be handed over to them. However, 3 2025:HHC:3664 the same shall be done under intimation accompanied by the photo copies of such documents to the Investigating Agency.” 3. In light of the observations made by Hon’ble Division Bench of this Court in para-11 of the judgment (supra), it is open to the students like the present petitioner, to approach the competent Court of jurisdiction for redressal of their grievance and the petitioner rather than doing this, has approached this Court by way of this writ petition. Incidentally, Hon’ble Division Bench in para-10 of the judgment (supra) has been pleased to hold that this Court in exercise of its writ jurisdiction is not in a position to determine disputed questions which were involved in the said CWPIL and other connected matters, which questions are involved in this petition also, therefore, this petition being misconceived is dismissed. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge February 25, 2025 (narender)