Allahabad High Court High Court

Dr. Bhim Rao Ambedkar University … vs Ashutosh Gautam And Another on 9 August, 2010

Allahabad High Court
Dr. Bhim Rao Ambedkar University … vs Ashutosh Gautam And Another on 9 August, 2010
Court No. - 9

Case :- WRIT - C No. - 46837 of 2010

Petitioner :- Dr. Bhim Rao Ambedkar University Thru. Registrar
Respondent :- Ashutosh Gautam And Another
Petitioner Counsel :- Sanjay Kumar Singh

Hon'ble Vijay Manohar Sahai,J.

Hon’ble Ran Vijai Singh,J.

We have heard learned counsel for the parties.

Learned counsel for the petitioner has urged that the impugned order passed
by District Consumer Redressal Forum is without jurisdiction. Therefore, the
alternative remedy would not be a bar for maintaining the writ petition. It has
been held in various decisions of this court, the copies of some of which have
been filed as Annexures-6 and 7 to this petition, that the university does not
fall within the domain of District Consumer Redressal Forum as no service is
rendered by the university to the students. Learned counsel for the petitioner
has stated in paragraph 21 of the writ petition that in the corrected marks-
sheet issued to respondent no.1 the word ‘honours’ has been added. In this
view of the matter, the petitioner is entitled to interim order.

Admit.

Issue notice to the respondents by registered post. The steps may be taken
within two weeks. The office shall sent notice returnable at an early date.

List on the date fixed by the office in the notice.

Until further orders of this court the effect and operation of order dated
7.9.2005 and 19.4.2010, Annexures- 2 and 4 respectively to the writ petition,
shall remain stayed.

Order Date :- 9.8.2010
PK