Court No. - 39 Case :- WRIT - C No. - 45263 of 2010 Petitioner :- Dr. Anit Singh And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Radha Kant Ojha,Anand Kumar Singh Respondent Counsel :- C.S.C,A.S.G.I. 2010/1549,Pankaj Naqvi,Sanjay Kumar Singh Hon'ble Dilip Gupta,J.
Eight petitioners have filed this petition for quashing the order
dated 24th July, 2010 passed by the Vice-Chancellor of Dr. Bhim
Rao Ambedkar University, Agra (hereinafter referred to as the
‘University’) declining permission to the petitioners to appear at the
forthcoming MDS Examination.
The said MDS Course is of three years duration and the
examination is to be held after the expiry of three years.
Sri R.K. Ojha, learned counsel appearing for the petitioners has
placed before the Court the communication dated 25/27th August,
2009 sent by the Government of India, Ministry of Health and
Family Welfare by which recognition has been granted for the
Academic Session 2007-08 to the Rama Dental College, Hospital
& Research Centre, Kanpur for limited seats in Prosthodontics and
Conservative Dentistry but the Vice-Chancellor of the University
has refused to give permission to appear at the examination on the
ground that the affiliation has not been extended by the State
Government for the Academic Session 2007-08. It is further
pointed out that the State Government had earlier granted
affiliation for a period of one year to the College with effect from
the Academic Session 2006-07 but the same has not been renewed.
He further states that it is for the first time in the impugned order
that the University has informed that the affiliation has not been
extended.
In a matter where the matter relating to grant of affiliation was
pending before the State Government, a Division Bench of this
Court in Special Appeal No.292 of 2010 (Ram Dulari Bachcu Lal
Jaiswal Mahavidyalaya, Nawabganj, Atrampur, Allahabad & Anr.
Vs. State of U.P. & Ors.) decided on 9th March, 2010 modified the
judgment and order of a learned Judge of this Court by permitting
the students to appear at the examination subject to the decision to
be taken by the State Government.
Learned Standing Counsel appears for respondent nos.1 and 2, Sri
Sanjay Kumar Singh appears for respondent no.3 while Sri Pankaj
Naqvi appears for respondent no.4. Respondent no.5 is represented
by Sri Ashok Nigam, learned Senior Counsel with Sri Ajay
Bhanot. Issue notice to respondent no.6 by registered post. Steps
may be taken within a week.
Respondents may file the counter affidavit within a period of three
weeks. Rejoinder affidavit, if any, may be filed within a week
thereafter.
Connect this petition with Writ Petition No.44899 of 2010.
In view of the directions dated 9th March, 2010 passed in Special
Appeal No.292 of 2010, the petitioners shall be provisionally
permitted to appear at the forthcoming MDS Examination in terms
of the directions issued by the Government of India, Ministry of
Health and Family Welfare in the communication dated 25/27th
August, 2009 for the Academic Session 2007-08 but the
appearance shall be subject to the decision to be taken by the State
Government. The result, however, shall not be declared till further
orders of this Court.
Order Date :- 2.8.2010
GS