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KM. SONIYA versus THE STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Km. Soniya v. The State Of U.P. & Others - WRIT - C No. 32105 of 2006 [2006] RD-AH 16040 (14 September 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court no. 33

Civil Misc. Writ Petition No. 32105 of 2006

Km. Soniya .....................................................................Petitioner

Versus

The State of U.P. and others.......................................Respondents.

Hon. S.N.Srivastava, J.

The grievance of the petitioner in the instant petition is that the petitioner having got admission for four years Bachelor course in Dental Surgery in Har Saran Dass Dental College Ghaziabad being managed by Dayanand Pushpa Devi Charitable Trust Ghaziabad, was required to deposit the prescribed annual fee of Rs. 1, 75,000/- while the management is employing pressure tactics to compel the petitioner to deposit the entire fee for four years course.

In this connection, it would appear that the Court by means of its order dated 15.6.2006 directed issue of notices to Opp. Parties 3 and 4 while granting interim order the text of which was that till the next date of listing the respondents (including Principal and Chairman of the College) shall permit the petitioner to continue her study and also to permit her to appear in the examination of First Semester as and when it becomes due. It would further appear from the record that registered notices were sent to the Opp parties 3and 4.

Learned counsel for the petitioner has stated across the bar that despite order of the Court, the Opp. Parties are contumaciously not permitting the petitioner to pursue her studies and also to appear in the examination of first semester despite orders of the Court.

Despite notices having been issued by registered post, no counter affidavit has been filed by any of the Opp. parties. In the circumstances, the interim order dated 15.6.2006 is made absolute attended with further direction that the petitioner shall be permitted to prosecute her studies which includes permission to attend the classes of all the semesters till the course is completed.

Considering that despite peremptory direction of the Court, the Opp. Parties are attributed to have impeded the further studies by not permitting her to attend the classes and also her appearance in the first semester examination, it is directed that the Opp. Parties 3 and 4 i.e. the Chairman of the Charitable Society and the Principal of the College shall appear in person before the Court on 26.9.2006.

Certified copy of this order be served upon the Opp. parties through the Chief Judicial Magistrate, Ghaziabad who shall ensure to secure the presence of the Opp. Parties aforesaid in the court on the date fixed.

List this matter on 26.9.2006.

M.H.

4.9.2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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