The Allahabad High Court has directed Amity University, Gautam Buddha Nagar, to permit MBA student Apurv Saxena to appear in the examinations, who is accused of drug smuggling.
A Single Bench of Justice Salil Kumar Rai passed this order while hearing a petition filed by Apurv Saxena.
The petitioner claims himself to be a student of M.B.A (M & S) of Amity University, Gautam Budh Nagar. The petitioner has been suspended from the University because he is named as an accused in Case registered under Sections 8, 20, 22 & 23 of N.D.P.S Act, 1985.
The petition has been filed with following reliefs:-
“(I) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no 3 to allow the petitioner to not prohibit to attend the class.
(II) Issue a writ, order or direction to the respondent to allow the petitioner to examination for fourth semester / second year of MBA(M&S) course being enrollment no A0102222139 (which fee 3,30,000/- already been deposited by the petitioner to the respondent authority).”
It has been argued by learned counsel for the petitioner that merely because the petitioner has been named as an accused in a criminal case, the University cannot deny the petitioner the right to pursue education and to appear in the examinations of the course.
The Court observed that the matter requires consideration.
The Court granted three weeks’ time to file counter affidavit for the respondents and two weeks time to file a rejoinder affidavit.
“Meanwhile, the Amity University shall permit the petitioner to appear in the examinations of MBA (M&S), 4th Semester but the results of the petitioner shall not be declared, which shall be declared only after permission of the Court”, the Court ordered.
The Court has fixed the next hearing of the petition on 10.04.2024.