Smt. Shanti Devi Shrinath Bhargava B.Ed. College, Mathura Thru. Secy. Sri Puneet Bhargava v. State of U.P. Thru. Prin. Secy., Higher Education, Lucknow and 3 Others

Court No. - 7 Case :- WRIT - C No. - 9162 of 2023 Petitioner :- Smt. Shanti Devi Shrinath Bhargava B.Ed. College, Mathura Thru. Secy. Sri Puneet Bhargava Respondent :- State Of U.P. Thru. Prin. Secy., Higher Education, Lucknow And 3 Others Counsel for Petitioner :- Suryansh Narula,Shailen Varma Counsel for Respondent :- C.S.C.,Rajesh Tewari Hon'ble Abdul Moin,J.

¶1Supplementary affidavit filed by Shri Suryansh Narula, learned counsel for the petitioner is taken on record.

¶2Learned counsel for the petitioner states that in pursuance to the clarification required by this Court vide order dated

28.10.2023, the aforesaid amounts have been deposited keeping in view the initial order dated 18.10.2023, a copy of which has been filed as annexure no.1 to the supplementary affidavit filed today, and subsequent thereto in pursuance of another decision being taken on 18.05.2023 as indicated in para 6 of the supplementary affidavit.

¶3Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1, Shri Rajesh Tiwari, learned counsel appearing for respondent nos. 2 & 3 and Shri Savitra Vardhan Singh, learned counsel appearing for respondent no.4.

¶4With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being decided.

¶5The contention of learned counsel for petitioner is that despite the petitioner having been already deposited the amount as was required to be deposited by the respondent no.2 University for the purpose of affiliation, which was an amount of Rs.25,000/- towards the affiliation and an amount of Rs.50,000/- as penalty and the aforesaid amount having already been deposited as per the deposit receipts, copies of which are annexure 10 to the petition, the respondent University has failed to consider the affiliation of the petitioner till date. It is also contended that the counseling schedules for filling in the vacancies of the B.Ed. is coming to an end on 09.11.2023 and thus, it is prayed that the respondent nos.2 & 3 be directed to pass an order with regard to affiliation expeditiously at least prior to the counseling coming to an end.

¶6Shri Rajesh Tiwari, learned counsel appearing for respondent nos. 2 & 3 fairly states that once the application is pending at the end of respondent nos.2 & 3 as such, it would be considered in accordance with relevant rules expeditiously.

¶7Considering that the respondent nos.2 & 3 are sitting over the matter of affiliation right since the amounts have been deposited with the respondent nos.2 & 3 i.e. since 30.06.2023 and the counseling is also coming to an end on 09.11.2023, the instant petition is disposed of with a direction to the respondent nos.2 & 3 to consider the grant of affiliation of the petitioner within a period of 3 days from today or at least by 05.11.2023 and to inform the decision in this regard to the petitioner thereafter.

¶8It is also provided that in case the certified copies of the payments have still not been made available by the petitioner, the same would be made available to the respondent nos.2 & 3 by the petitioner along with the certified copy of this order.

¶9Let a certified copy of this order be provided to learned counsel for the petitioner within 24 hours on payment of usual charges. Order Date :- 1.11.2023/S. Shivhare High Court of Judicature at Allahabad, Lucknow Bench