Petitioner sought mandate to allow appearance in short semester examination 2018 claiming rule violation. Court held that respondents were not State under Article 12 and no relief was sought against the impugned resolution, resulting in dismissal.
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Court No. - 7
Case :- WRIT - C No. - 21160 of 2018
Petitioner :- Rajesh Kumar Yadav And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Abhay Krishna Singh Counsel for Respondent :- A.S.G.I.
Hon'ble Surya Prakash Kesarwani,J.
Memo of Appearance/Parcha has been filed by Sri Rajesh Kumar Vidyarthi, Advocate on behalf of respondent No.1 which is taken on record.
Heard Sri Abhay Krishna Singh, learned counsel for the petitioners and Sri Rajesh Kumar Vidyarthi, learned Standing Counsel for respondent No.1.
This writ petition has been filed praying with the following relief:
"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to appear in short semester examination 2018 pertaining to subject Operation Research.
(II) Issue a writ, order or direction in the nature of mandamus commanding the respondents to direct the respondents to decide the application dated 16/21.04.2018 in accordance with rules and regulations of Birla Institute of Technology, NOIDA, Gautam Budh Nagar."
In paragraphs 8 and 9 of the writ petition, the petitioners have stated as under:
"8. That it is not out of place to submit here that the rules and regulation (2008 onward) of Birla Institute of Technology, Mesra, Ranchi, Jharkhand provides opportunity to such students who are awarded less mark to appear in Short Semester Examination 2018 but the rules and regulations has been changed by a resolution/minutes dated 21.01.2010 which provides that no students shall be permitted to appear in Short Semester Examination to upgrade marks.
9. That the resolution dated 21.01.2010 is in utter violation of Article 14. 16 and 21 of the Constitution of India."
Neither any relief has been sought against the resolution dated 21.01.2010 nor it has been shown that the respondent Nos.4 and 5 are State within the meaning of under Article 12 of the Constitution of India.
Under the circumstances, no relief can be granted.
In view of the aforesaid, the writ petition is dismissed leaving it open to the petitioner to pursue his representation dated 16.04.2018 which is said to be pending before the respondent No.3, who may take appropriate decision in accordance with law on the representation of the petitioner.
Order Date :- 8.6.2018 Nitin Verma
2 issues framed by the court
Whether the petitioner is entitled to appear in short semester examination 2018 despite rule changes.
Whether the college resolution violates Articles 14, 16, and 21 of the Constitution of India.
Rajesh Kumar Yadav
Union Of India
Surya Prakash Kesarwani
As recorded by the court registry
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