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2025 DAILYLAW 85253 (ALL)

ZEBA SAHIL v. UNION OF INDIA AND 3 OTHERS

WRIC/27064/2025 · 2025-08-11

Mayur Jain Jt Registrar J Listing

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Judgment text

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Neutral Citation No. - 2025:AHC:137043 Court No. - 32 Case :- WRIT - C No. - 27064 of 2025 Petitioner :- Zeba Sahil Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Afzal Ali Counsel for Respondent :- A.S.G.I.,Abrar Ahmad,Shashank Shekhar Singh Hon'ble Chandra Dhari Singh,J. 1. Instructions dated 07.08.2025 filed by counsel for the respondent nos. 2 to 4, is taken on record. 2. The instant writ petition has been filed seeking for the following relief:- " a. Issue a suitable writ, order or direction in the nature of Mandamus commanding the respondents authorities to restore the original Campus Allotment of the Petitioner for the admission in B.Ed for the session 2025-26 in Aligarh Muslim University as per the select list dated 14/07/2025 and quash the change in Campus Allotment." 3. Learned counsel appearing on behalf of petitioner submitted that Respondent-University has changed the Study Centre/Campus allotted to her without any prior notice. It is submitted that initially Respondent-University has allotted the Aligarh Main Campus to her after considering the merit list but her allotment has been changed and shifted to Mallapuram Campus, Kerala without assigning any reason. It is further submitted that the act of the Respondent-University is arbitrary and without giving opportunity of hearing to the petitioner, deserves to be set aside and the Court may issue writ, order or direction in the nature of mandamus to the University to re-allot the Study Centre/Campus to her for B.Ed. (Geography) as alleged prior cancellation of the Campus/Study Centre to her. 4. Sri Shashank Shekhar Singh, learned counsel appearing for the Respondent-University vehemently submitted that it is an admitted fact that petitioner is placed in Serial No. 5 of the merit list for admission of B.Ed. (Geography). It is also admitted fact that in the main Campus only four seats are available for the said course and all the four students who are above the petitioner have already been allotted to the Campus of the University. It is also submitted that the petitioner has opted second option for Malappuram Campus, Kerala and the same has been allotted to her. It is fairly conceded that on the earlier occasion by mistake the petitioner was allotted to the Campus/Study Centre at Aligarh for the said course and that has been rectified later on. It is also submitted that petitioner has come before this Court admitting in 11-A of the paper book that she was placed at serial no.5. Learned counsel appearing on behalf of University submitted that at present no seat is available at Aligarh Campus in B.Ed. (Geography). Learned counsel appearing for the University submitted that in view of the aforesaid facts, the instant writ petition may be dismissed as devoid of any merits. 5. Heard learned counsel for the petitioner, Sri Abrar Ahmad, learned counsel for the respondent no.1, Sri Shashank Shekhar Singh, learned counsel for the respondent no.2 and 4 and perused the averments made in the petition as well as documents on record. 6. Petitioner has applied for admission to B.Ed. Course for Session 2025-26 and she appeared Common University Entrance Test (Under Graduate) conducted by the University. The merit list has been published and she was placed at serial no.5 for admission in B.Ed (Geography) and offered for admission at Aligarh Campus. The petitioner was inadvertently allotted Campus i.e. first choice of candidate in spite that she has placed in merit list at serial no.5 and only four seats are available in the Aligarh Campus for B.Ed. (Geography). This mistake has been came in the light when one candidate Sri Sibghatullah Anwar who was placed at serial no.3, was allotted "Malappuram Centre" instead of "Aligarh Campus". The said student who was allotted "Malappuram Centre" in spite of getting place at serial no.3 in the list, had brought this mistake to the notice of the authority and thereafter, that mistake has been rectified by allotting Aligarh Campus to him and the petitioner has been allotted to "Malappuram Centre". The fees of the petitioner has also been adjusted, therefore, I am of the view that there are no illegality, error committed by the University while allotting her the "Malappuram Centre" as the said Study Centre/Campus has been allotted to her as per her rank. 7. Taking into consideration the aforesaid discussions and reasons, I do not find any good ground to exercise the extraordinary jurisdiction for issuance of mandamus to the University as University has not committed any error or illegality. 8. The instant writ petition is accordingly dismissed. Order Date :- 12.8.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad