Rishabh Rajpoot (Minor) v. Union of India and 4 Others

Court No. - 10 Case :- WRIT - C No. - 32524 of 2023 Petitioner :- Rishabh Rajpoot (Minor) Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Ganesh Shanker Srivastava Counsel for Respondent :- A.S.G.I.,Narendra Pratap Singh Hon'ble Kshitij Shailendra,J.

¶1Rejoinder affidavit filed today is taken on record.

¶2Heard Shri Ganesh Shanker Srivastava, learned counsel for the petitioner, Shri Uma Dutt Shukla, learned counsel holding brief of Shri Narendra Pratap Singh, learned counsel for all the respondents and perused the record.

¶3By means of the present writ petition, a writ of Mandamus has been sought directing the respondents to admit the petitioner on the basis of provisional select list, in which the name of the petitioner stood mentioned at serial No. 16 pertaining to class-VI. Another prayer is for deciding the representation submitted by the petitioner.

¶4Learned counsel for the petitioner has placed reliance upon various documents and also Annexure No. 7 to the counter affidavit filed by the respondents, in submitting that once the Authorities proceeded to consider the matter, in absence of any decision either way, the petitioner stands nowhere and is suffering.

¶5On the other hand, learned counsel for the respondents submits that there was a well defined time schedule for holding examination and 26.07.2023 was the last date fixed for that purpose, whereas the petitioner approached the Institution after the last date.

¶6The aforesaid statement of fact contained in the counter affidavit has been denied in the rejoinder affidavit and it is contended that though the petitioner was vigilant and approached the Authorities within time, the Authorities delayed the matter and ultimately the petitioner has been made to suffer.

¶7There being disputed questions of fact involved in the present case, the writ petition stands disposed of in the following terms:

(i) The petitioner is permitted to submit a detailed application mentioning all steps taken by him concerning the admission date-wise, before the respondent No. 4, Incharge Admission, K.V. NTPC Dibiyapur, district Auraiya, along with certified copy of this order in the month of December, 2023.

(ii) The respondent No. 4, Incharge Admission, K.V. NTPC Dibiyapur, district Auraiya, after providing opportunity of hearing to the petitioner and based upon the relevant records available, shall pass appropriate order in accordance with law in the month of January, 2024.

(iii) It is made clear that this Court has not adjudicated upon the merits of the claim of the petitioner and it is for the Authorities to take appropriate decision based upon the relevant norms/guidelines/time schedule, etc. Order Date :- 7.12.2023 Sazia High Court of Judicature at Allahabad