Nikita v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

W PMB/ 1 0 0 1 / 2 0 2 5 W it h W PMB/ 5 9 8 / 2 0 2 5 Hon'ble Manoj Kumar Tiwari, J. Hon'ble Subhash Upadhyay, J. Mr. Sagar Kothari, Advocate for the petitioners. Mr. B.M. Pingal, Advocate for the petitioner in connected writ petition. Ms. Rajni Supyal, Brief Holder for the State. Mr. Sandeep Kothari, Advocate for respondent Nos. 2 and 3. Mr. Atul Bhatt, Central Government Advocate in WPMB No. 598 of 2025.

¶1Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of WPMB No. 1001 of 2025 alone are being considered and discussed.

¶2Petitioners were admitted to BAMS Course, pursuant to an interim order dated 27.11.2025, passed in WPMS No. 933 of 2021. The said writ petition was filed by management of the concerned college. Thereafter, another interim order was passed in the aforesaid writ petition on

06.10.2021, directing the University to grant provisional approval to the admission of the petitioners. Writ Petition No. 933 of 2021 (MS) is still pending.

¶3The students have now filed this writ petition, seeking the following reliefs:

(i) issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 30-6-2025 (Annexure No. 5 to this writ petition) passed under the signatures of respondent no. 3 and on the directions of respondent no. 2 to the extent of giving directions that the mark sheets of students will be issued after final decision of the Hon'ble Court qua the petitioners.

(ii) issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent no. 2 to issue the mark sheets of petitioners pertaining to their 3rd year examination conducted in September, 2024.

(iii) issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent nos. 2 & 3 to permit the petitioners to participate in professional examination to be conducted by the respondent university, i.e. Uttarakhand Ayurvedic University and timely release the results of the petitioners."

¶4Learned counsel for the respondents submits that since petitioners were given admission and provisional approval by the University on the strength of interim order passed in WPMS No. 933 of 2021, therefore, separate writ petition by the students for the self same relief would not be maintainable.

¶5It is contended that direction, if any, issued in favour of the petitioners in this writ petition will render Writ Petition No. 933 of 2021 (MS) infructuous.

¶6This Court finds substance in the said submission.

¶7Since petitioners were admitted in BAMS course on the strength of interim order in some other writ petition, therefore, whatever relief is to be granted, can only be granted in that writ

petition, which is still pending.

¶8In such view of the matter, the writ petitions are dismissed with liberty to petitioners to move appropriate application in the pending writ petition.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)

24.12.2025

Mahinder/