Rohit Kumar v. Dr.Apj Abdul Kalam Technical University and Another

Court No. - 10 Case :- WRIT - C No. - 35960 of 2023 Petitioner :- Rohit Kumar Respondent :- Dr.Apj Abdul Kalam Technical University And Another Counsel for Petitioner :- Ami Tandon Counsel for Respondent :- Rohit Pandey Hon'ble Kshitij Shailendra,J.

¶1Heard Sri Ami Tandon, learned counsel for the petitioner and Sri Rohit Pandey for Respondent No. 1 and 3.

¶2In view of the order proposed to be passed, it is not necessary to issue notice to Respondent No.2.

¶3The petitioner took admission in M. Pharma course in the year 2014 and though he failed in one of the papers in the first semester examination, he was promoted to the second semester and he again failed in the back paper in the year 2017 and when the same back paper examination was conducted in the year 2018-19, he passed the same. 4 It is contended that now it is the stage of viva and, for that purposes, the petitioner has already submitted thesis to the college, however, the respondents are not conducting the viva of the petitioner and, therefore, this writ petition has been filed for an appropriate relief on the same lines.

¶5Sri Rohit Pandey, learned counsel for the University has placed before this Court the instructions dated 27.10.2023, the relevant portion whereof reads as under: egksn;] mi;qZDr fo"k;d Nk= jksfgr dqekj jksy uati 1321557702 ,e0QkeZ0 ikB~;dze dh ekSf[kd ijh{kk djkus ds ekti mPp U;k;ky; esa ntZ okn ds dze esa lwfpr djuk gS fd le;kof/k iw.kZ gks pqds Nk=@Nk=vksa dks vafre volj nsus gsrq xfBr lfefr us Nk= jksfgr dqekj dks vfUre le; foLrkj gsrq laLrqfr iznku dh gSA mijksDr laca/k esa vuqjks/k gS fd mDr Nk= dh ,e0QkeZ0 ikB~dze dh Fkhfll dks fo'ofo+|ky; dh bZtivkjtiihti esa Fkhfll viyksM djkus dk d"V djsaA

¶6In view of the stand taken in the instructions that the petitioner's request for extension of time has been accepted by the respondents, the only requirement is that the Respondent No.2Sanskaar College of Pharmacy and Research, Sanskaar Educational Group through its Registrar has to upload the petitioner's thesis through online process.

¶7In view of the above, the writ petition stands disposed of in the following terms:

(i) The petitioner shall file a certified copy of this order along with a copy of the letter dated 27.10.2023, issued by the University Authorities, (a copy whereof has been provided by the learned counsel for the petitioner during the course of hearing) before the Respondent No.2, Sanskaar College of Pharmacy and Research, Sanskaar Educational Group within a period of two weeks from today.

(ii) The Respondent No.2, College shall upload petitioner's thesis without any delay on the concerned website.

¶8As soon as the thesis are uploaded, the University shall proceed in terms of the instructions and shall conduct viva of the petitioner, if there is no other legal impediment. Order Date :- 1.12.2023 Kumar Manish. High Court of Judicature at Allahabad