In this writ petition challenging denial of admission to a B.Ed examination, the single judge held that factual disputes regarding presence of attested documents cannot be adjudicated under Article 226. Dismissing the plea for post-conclusion relief, the court noted the petitioner can reappear in future examinations.
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Court No. - 4 Case :- WRIT - A No. - 26536 of 2018 Petitioner :- Archana Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner has come up with the grievance that she was wrongly denied admission on the ground that she was to bring attested copy of the documents and so she had approached the examination centre with attested copy of the B.Ed mark-sheet but she was not permitted by the Examination controller / Invigilator concerned.
It is totally a factual dispute as to whether the petitioner approached the Examination Centre along with the attested copy of the mark-sheet and the Invigilator on what ground has refused entry to her in the examination hall or, the petitioner herself did not approach at all and there was no occasion for the Invigilator to grant any such permission. These factual disputes cannot be determined by this Court in writ of jurisdiction under Article 226 of the Constitution nor this Court has any such occasion to appreciate oral evidence in the Court of proceedings under Article 226 of the Constitution.
It was for the petitioner to have approached the authority concerned at the relevant time before the Examination was concluded. Once the examination has been concluded and now the results have been announced, no such plea as prayed for can be granted. The U.P.TET examination is only a qualifying examination and the petitioner can always appear as and when in future any such examination is held, but for the moment, no such relief can be granted as prayed for.
Writ petition therefore, deserves dismissal at this stage, and is hereby dismissed .
Consigned to records.
Order Date :- 14.12.2018/ P Kesari
3 issues framed by the court
Whether this Court can adjudicate factual disputes regarding denial of admission in an examination under Article 226 of the Constitution.
Whether a writ petition for quashing refusal of admission after the examination has concluded can be granted.
Whether the petitioner is entitled to relief for being barred from an examination due to alleged non-compliance on the day of the exam.
1 provisions across 1 enactments
Archana Singh
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
