The Allahabad High Court has imposed a cost of rupees two lakhs on the college for admitting 60 students in additional sections without completing the formalities.
A Single Bench of the Justice Piyush Agrawal passed this order while hearing a petition filed by C/M Smt Vimala Devi Mahavidyalay Bhamai.On perusal of the instruction dated 16.12.2023, the Court noted that the respondent no 2, i.e, Registrar of the University, has not whispered a word about the query made by the Court order dated 15.12.2023.Counsel for the respondent no 2 submitted that an information/oral instruction has been received from the respondent no 2 on her mobile phone that due to oversight of the concerned Clerk and technical glitch, out of 60 students of additional section, only 20 students were permitted to submit their fees and other formalities.
On the pointed query to the counsel for the respondent that once 20 students of the same section have been permitted, then why the remaining 40 students would suffer on account of action or inaction on the part of the respondents, counsel for the respondent could not reply the same, the Court further noted.Since every semester/examination is important for the future career of students, they should not be made to suffer merely on account of the fault of the respondent or the College as indicated in the last instructions dated 16.12.2023, the Court said.
In view of the above, the Court directed respondent no 2 to permit the remaining 40 students of the additional section to participate in the examination forthwith and in case the date of examination is expired, they shall permit the 40 students to appear in the supplementary examination.”Since the last instruction of the respondent no 2 shows that some formalities have not been completed by the petitioner – Institution before taking admission of 60 students in the additional section, the petitioner shall deposit a sum of Rs 2 lacs with the Registrar General of the Court on or before 19.12.2023.
Further, an affidavit of deposit of Rs 2 lacs, along with receipt, shall be filed by the petitioner by 20.12.2023 and copy of the order, along with deposit, shall also be submitted before the District Magistrate, Prayagraj”, the Court observed.In the event of failure to comply with the directions made herein-above, the District Magistrate, Prayagraj shall forthwith recover the amount of Rs 2 lacs from the petitioner, along with incidental charges within next three days, i.e, upto 23.12.2023, and deposit the same with the Registrar General of the Court.
The petitioner shall not be permitted to withdraw the writ petition.The Court has fixed the next hearing of the petition on January 23, 2024.