GRAM SAMAJ MAHAVIDYALAYA, JAISTHALI, BABU KI KHAJURI v. STATE OF U.P. AND 3 OTHERS
WRIC/24511/2025 · 2025-07-28
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[ 2025 DAILYLAW 79719 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79719 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:125449 Court No. - 32 Case :- WRIT - C No. - 24511 of 2025 Petitioner :- Gram Samaj Mahavidyalaya, Jaisthali, Babu Ki Khajuri Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Antima Rajbhar,Hari Prakash Tiwari Counsel for Respondent :- C.S.C.,Rohit Pandey,Vaibhav Tripathi,Vivek Kumar Singh Hon'ble Chandra Dhari Singh,J.
1. After arguing at some length, Sri Hari Prakash Tiwari, learned counsel appearing on behalf of the petitioner has submitted that there are provision under Section 18 of the NCTE Act to file an appeal challenging the impugned order. He has further prayed that the impugned order passed by the NCTE under Section 17 to withdraw the students from the instant institution may be kept in abeyance till the disposal of the said appeal under Section 18 of the NCTE Act.
3. Learned Standing Counsel appearing on behalf of the State-respondent has no objection to the prayer made by the petitioner that he may be allowed to file an appeal under Section 18 of the NCTE Act but has opposed the submission of the petitioner not to withdraw the students from the instant institution in pursuance of the impugned order.
4. Heard learned counsel for the petitioner, Sri Deepak Chauhan, learned Standing Counsel appearing for the State-respondent, Sri Vaibhav Tripathi, learned counsel for the respondent no.2, Sri Rohit Pandey, learned counsel for the respondent no.3, Sri P.H. Vashishtha, learned counsel for respondent no.4 and perused the contents made in the writ petition.
5. Since there are provision for filing appeal under Section 18 of the NCTE Act, therefore the petitioner is directed to file said appeal within ten days from today. It is also directed that if the petitioner files appeal within ten days, the implementation of the order withdrawing the students from the instant institution shall be kept in abeyance till the decision in the said appeal by the appellate authority.
6. Accordingly, the writ petition is disposed of. Order Date :- 29.7.2025 Radhika (Chandra Dhari Singh, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad