Shivendra Pal vs State Of U.P. And Anr. on 19 July, 2006

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Allahabad High Court
Shivendra Pal vs State Of U.P. And Anr. on 19 July, 2006
Equivalent citations: 2006 (4) AWC 3770
Author: R Tiwari
Bench: R Tiwari

ORDER

Rakesh Tiwari, J.

1. Heard learned Counsel for the parties and perused the record.

2. By means of this writ petition the petitioner has sought for quashing of the order/letter dated 23.12.2004 passed by the Director/Principal, Guru Govind Singh Sports College, Lucknow (respondent No. 2) besides a writ of mandamus commanding respondent No. 2 to continue him as a hostler sports college at Green Park, Kanpur in pursuance of certificates dated 23.8.2005 and 2.9.2005 granted to him and appended as Annexures-1 and 3 respectively to the writ petition.

3. By the aforesaid impugned order the petitioner has been restrained from taking training in the respondent-sports college.

4. It appears that after trials from 1.10.2004 to 4.10.2004 and participation in the camp for probables from 5.10.2004 to 7.10.2004 the petitioner was selected for training in the respondent-sports college. He appears to have fallen ill and had undergone medical treatment from 8.10.2004 to 22.12.2004. His guardian informed respondent No. 2 about the illness of the petitioner. After recovering from his illness the petitioner participated in the Polly Umrigar Trophy Knockout Cricket Tournament held at Kolkata from 25.12.2004 to 27.12.2004. He represented the U.P. State Under 15 Cricket Team therein. A Certificate in this regard is appended as Annexure-3 to the writ petition. He returned to Kanpur from Kolkata on 1.1.2005. By the impugned letter dated 23.12.2004 the father of the petitioner was informed that the training of the petitioner, at the Green Park Sports Complex at Kanpur has been cancelled and he has also been expelled as he was absent from the college since quite a long lime.

5. A perusal of the impugned order dated 23.12.2004 reveals that the petitioner was expelled from the college on the ground that he was not attending the training at the aforesaid College since a long time till 28.12.2004 which was violation of the rules of the College.

6. The impugned order dated 23.12.2004 appears to be ante-dated and self-contradictory since the order itself is dated 23.12.2004 as it would not have been stated therein that the petitioner was not present in the College till 28.12.2004 while it also appears from the record that the petitioner was under medical treatment from 8.10.2004 to 22.12.2004 and information in this regard is alleged to have been given to respondent No. 2 by the father/ guardian of the petitioner who is also working in the Sports College. In the circumstances, the basis of passing of the impugned order by respondent No. 2 that the petitioner was absent since long without information to the College authorities does not exist.

7. The petitioner has already appeared in the examination under the orders of this Court and has passed the examination.

8. For all the reasons stated above, the petitioner shall be permitted by the respondent to continue his training and studies on submission of certified copy of the order within two weeks in the College. The period of 23.12.2004 till joining the institution shall be deemed to be regularized and will not constitute a break.

9. It is, however, expected that the petitioner shall abide by the rules and regulations etc. of the College till he is a student there.

10. The respondent-Director/ Principal, Guru Govind Singh Sports College is also advised not to pass any such ante-dated orders or act which may otherwise affect the future of students, rather he should be magnanimous in approach towards the students as a guide, guardian and philosopher to them.

11. For the reasons stated above, the writ petition is allowed. The impugned order dated 23.12.2004 is quashed,. No order as to costs.

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