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Prabhakar Singh v. Registrar University Of Allahabad & Ors. - WRIT - C No. 44560 of 2004 [2005] RD-AH 6825 (2 December 2005)


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                                                                                       Court No.38

Civil Misc. Writ Petition No.  44560 of 2004

Prabhakar Singh


Registrar University of Allahabad and others

Hon'ble Vineet Saran, J

The petitioner had appeared in the entrance examination for admission in the LL.B. 3 years Degree Course in Chaudhary Mahadeo Prasad Degree College, Allahabad (C.M.P.) The contention of the petitioner is that in the entrance examination, the name of the petitioner was initially placed at serial no. 18 in waiting list of Other Backward Classes (O.B.C.) candidates. The contention of the petitioner is that the persons, who were lower than the petitioner in the waiting list, were granted admission ignoring the name of the petitioner. Thus the petitioner has filed this writ petition praying for a direction in the nature of mandamus commanding the respondent nos. 2 and 3 to admit him in LL.B. First year Degree Course in C.M.P. Degree College, Allahabad.

I have heard Sri Rajeshwar Yadav, learned counsel appearing for the petitioner as well as Sri Ram Gopal Tripathi, learned counsel appearing for Allahabad University-respondent no.1 and Sri Tarun Verma, learned counsel appearing for C.M.P. Degree College-respondent nos. 2 and 3 and have perused the record. Counter and rejoinder affidavits have been exchanged and with the consent of learned counsel for the parties, this writ petition is being disposed of finally at the admission stage itself.

On 2.12.2004, an interim order was granted whereby a direction was issued that the petitioner be admitted in LL.B. 3 years Degree Course and be permitted to appear in the examination. However, the result of the petitioner was not to be declared without the leave of the Court. Consequently the petitioner had appeared in the first semester examination, which was held in December 2004 as well as the second semester of the first year which was held in July 2005. The result of the other candidates of both the semesters examination had been declared but because of the interim order granted by this Court, the result of such examination of the petitioner has yet not been declared. It has been submitted that the second year examination  are due to commence from 12.12.2005 and because of non-declaration of the result of the first year examination  of the petitioner,  he is not being permitted to appear in the second year examination, although he claims that he has attended the second year classes.

Alongwith the writ petition the petitioner has annexed the result of the entrance test for admission of LL.B. Course of C.M.P. Degree College, Allahabad which was published in the newspaper in which the name of the petitioner is at serial no. 18 of the waiting list of O.B.C.candidates. Alongwith the counter affidavit the respondent-College has annexed  the list of other backward  candidates who were placed in the waiting list and had been given admission. From perusal of both these documents it is clear that Shiv Balak who was placed at serial no. 23 of the waiting list, Satish Kumar Maurya who was placed at serial no. 22 of the waiting list and Rahul Singh who was placed at serial no. 19 of the waiting list, have all been granted admission although they were all placed below the petitioner, who was placed at serial no. 18. It has further been submitted that one Dhananjay Yadav, whose name was not even in the waiting list, was also granted admission.

The only explanation given by the respondent-College for not granting admission to the petitioner is that he did not appear before the Admission Committee on the date fixed. In the writ petition it has categorically been stated that the petitioner had appeared  before the Admission Committee on 8.10.2004 alongwith the bank draft of Rs.1453/- (drawn in favour of Principal of the College) which was the amount of admission fee to be paid. A photo copy of the said bank draft has been filed as Annexure no.4 to the writ petition. Accordingly, it is asserted that the petitioner had approached the Admission Committee on the notified date, i.e. on 8.10.2004, alongwith the requisite bank draft but the case of the petitioner has wrongly been ignored.

Considering the aforesaid fact and keeping in view that the petitioner was placed higher in order of merit in the waiting list for Other Backward  Classes than those who have already been granted admission, in my view, this writ petition deserves to be allowed and the petitioner would be entitled  to be admitted in LL.B. 3 years Degree Course  beginning from the session 2004-2005.

This writ petition is, accordingly, allowed and it is directed that the respondent nos. 2 and 3 shall admit the petitioner in LL.B. 3 years Degree Course beginning from session 2004-2005. Since the petitioner has already appeared in the first and second semester examination of the first year, his result shall be declared forthwith and in case he has passed first year examination, he shall be permitted to appear in the third semester examination of the second year which is scheduled to begin from 12th  December, 2005.

No order as to costs.

Let a certified copy of this order be issued to the learned counsel for the parties within 24 hours on payment of usual charges.            




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