Rajani Kant Rai v. State of U.P. and 3 Others

Court No. - 10 Case :- WRIT - C No. - 34682 of 2023 Petitioner :- Rajani Kant Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Man Bahadur Singh,Ashish Pandey Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Ran Vijay Singh Hon'ble Kshitij Shailendra,J.

¶1Heard Shri Man Bahadur Singh, learned counsel for the petitioner, learned Standing Counsel for the State respondent No. 1, Shri Ran Vijay Singh, learned counsel for respondent Nos. 2 and

3.

¶2In view of nature of order proposed to be passed, it is not necessary to issue notice to respondent No. 4.

¶3After conducting preliminary hearing on the previous date, following order was passed on 10.10.2023: "1. Heard Shri Man Bahadur Singh, learned counsel for the petitioner and Shri Ran Vijay Singh, learned counsel for the respondent-University.

¶2The grievance of the petitioner is that though mark-sheet based upon the improvement result has been issued to him in the year 2010 itself, the degree was not issued to the petitioner, when he demanded the same, the University is taking a stand that master chart maintained by the University does not reflect the result of improvement.

¶3Learned counsel for the petitioner submits that non-correction of the master chart is an error on the part of the University and, therefore, denial to issue the degree on this ground is causing serious prejudice to the petitioner.

¶4Learned counsel for the respondents shall obtain instructions in the aforesaid background of facts and based on record.

¶5Put up this case as fresh on 09.11.2023.

¶6When the case is listed next, the name of Shri Ran Vijay Singh (A/R1079/2012) be shown as counsel for the respondent-University."

¶4Shri Ran Vijay Singh, learned counsel for the University has placed instructions dated 08.11.2023 furnished by the Examination Controller. The relevant extract of instructions reads as follows: "

ययचचरजनचकयनतरययबच०ए०ततचयवरर2010, अननकमयमक-353451,

लयलसरकतरकमहयववदयलय, टकटटऊयय, रयमपनर,

मऊकय

वववरणअवभलटखककममसमपवतउपलबधसयरणचयनपमजजकयकमयमक-1024344676

कटअननसयरसमयजशयस

ववरयकट

पथमपशपत एवम ततचय पशपत

ककहरटरमगसटगकलयबनयकरहरटरमगसटपथमपशपतमम51 (

इकययवनअमक),

वदतचयपशपतमममनखयपरचकयकय57 (सतयवन) अमक

एवमततचयपशपतममशटणचसनधयरपरचकय(A)

अननपससथतअमवकतहककर

मनखयपरचकयकयअमक45 (पपतयलचस)

अमककटयकग153

अमकअमवकतहप, वहनदच

ववरयकटसभचपशपततकयकनलयकगअमक170

अमकअमवकतहककर

कनलयकगअमककटआगटयकग323

अमकअमवकतहप, पययरवरण

कयअमक

अमवकतहककरसकलयकग895/1800 (

आठससपमचयनवट) अमक

शटणचसनधयरसटअमवकतहककरपरचकयफल

वदतचयशटणच

ममउतचणरअमवकत

हप।ववशववदयलयसयरणचयनपमजजकयममदजरअमककएवमशटणचकटआधयरपर

ययचचककउपयजधपदयनककजयसकतचहप।"

¶5In view of the stand taken in the instructions that on the basis of marks of improvement examination and other category, the degree can be issued to the petitioner on the basis of category concerned, there is no necessity to invite counter affidavit from the University as the stand is clear.

¶6The writ petition is, accordingly, disposed of directing the respondent-University to issue degree to the petitioner on the basis of records in terms of afore-quoted instructions, by the end of January, 2024, provided a certified copy of this order is produced before the University in the month of December, 2023.

¶7The University shall satisfy itself to the requirements to be completed at the end of the petitioner during the course of issuance of degree. Order Date :- 30.11.2023 Sazia High Court of Judicature at Allahabad