Maa Vaishno Devi Nakchhed Tiwari Pharmacy Institute,Ayodhya Thru. Manager Shailesh Tiwari and Anr v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education, Lko. and 3 Others

Court No. - 19 Case :- WRIT - C No. - 10664 of 2023 Petitioner :- Maa Vaishno Devi Nakchhed Tiwari Pharmacy Institute,Ayodhya Thru. Manager Shailesh Tiwari And Anr. Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Technical Education, Lko. And 3 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C.,D.K. Singh Chauhan,Ravi Singh Hon'ble Jaspreet Singh,J. It appears that a mention was made on 06.12.2023 before a coordinate Bench of this Court for taking up the matter as fresh, however, it further indicates that the Court concerned had permitted the matter to be taken on the next date i.e.

07.12.2023. It is in this view that the matter has been placed before the Court. It will also be relevant to notice that ordinarily this Court is not assigned with the jurisdiction relating to Writ-C, however, since the fresh matters had been transferred to the Court, accordingly, in view thereof this matter is being considered. Heard learned counsel for the petitioner. The learned Additional Chief Standing Counsel for the State respondent nos. 1 and 2. Sri D.K. Singh Chauhan, learned counsel for the respondent no. 4 as well as Sri Ravi Singh, learned counsel for the respondent no. 3. The submission of learned counsel for the petitioners is that they have applied for an affiliation which is engaging the attention of the respondent no. 2 which has yet not been granted. He further submits that the special counselling round in respect of the Academic year 2023-24 is scheduled to commence from

16.12.2023 and since the respondents have yet not taken a decision, accordingly, it will be appropriate if a direction is issued to the respondent no. 2 to consider and decide the petitioner's case regarding affiliation. Considering the over all facts and circumstances of the case as well as with the consent of learned counsel for the parties, the petition is disposed of at this stage directing the State respondent nos. 1 and 2 to consider the application of the petitioner in respect of the affiliation and inform regarding its outcome by 14th December, 2023. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 7.12.2023 Asheesh High Court of Judicature at Allahabad, Lucknow Bench