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Court No. 24
Writ Petition No. 417 (MS) of 2010
Anuj Maurya and others ... Petitioners
Versus
State of U.P. and others ... Opposite parties
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Hon'ble Rajiv Sharma, J.
Heard learned Counsel for the petitioners, Mr. Salil Kumar
Srivastava, learned Counsel for the U. P. State Medical Faculty,
learned Standing Counsel and Mr Sandeep Dixit, learned Counsel
for the opposite party No.3.
Brief facts of the case are that the petitioners were selected
in U. P. State Medical Faculty Diploma in X-Ray and Lab Technician
Courses 2009. Thereafter, they were recommended to pursue the
course from ERAZ Lucknow Medical College/opposite party No.3.
When the institution did not permit the petitioners to pursue their
course, they preferred a representation before the opposite party
No.2 requesting him to adjust them in any other college in the
State of Uttar Pradesh, but no heed was paid by the authorities
and on account of the inaction of the opposite party No.2, the
instant writ petition has been filed.
Mr.Sandeep Dixit, learned Counsel for the private Medical
College submits that a perusal of Section 2 of Uttar Pradesh
Private professional Educational Institutions (Regulation of
Admission and Fixation of Fee) Act, 2006 [hereinafter referred to
as the ‘Act’] would show that the Act shall be applicable to the
private aided and unaided professional institutions excluding the
minority institutions. Thus, in view of the provisions of Section 2,
in the minority institution, i.e. opposite party No.3, admissions
cannot be regulated by the State Government.
Learned Counsel for the petitioners submits that they are
fully eligible and the persons who are below in merit to the
petitioners are pursing the course, but the petitioners have been
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ignored only on the ground that the provisions of the Act are not
applicable in the college, which has been recommended for
pursuing the aforesaid course and as such, they cannot be
deprived.
At this stage, he prays that the petitioners may be allowed
to move a fresh representation and the opposite parties may be
directed to provide admission in any other College in the State of
U.P., to which learned Counsel for the opposite parties have no
objection.
Accordingly, the petitioners are directed to move a fresh
representation within 15 days from today and if such a
representation is made, the opposite parties are directed to
consider and decide the representation of the petitioners, within a
maximum period of two months, from the date of presentation of
a certified copy of this order.
The writ petition stands disposed of in above terms.
Dt.8.7.2010
Lakshman/