Writ petition challenging non-issuance of B.Ed degree. Court directed University to issue degree within one month if internal enquiry validates rights, otherwise pass appropriate orders. Petition disposed.
University directed to issue B.Ed degree within one month if claim valid after enquiry; otherwise pass appropriate orders.
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Court No. - 54
Case :- WRIT - C No. - 36503 of 2019
Petitioner :- Peetosh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Tripathi Counsel for Respondent :- C.S.C.,Gagan Mehta
Hon'ble Saral Srivastava,J.
Sri Arun Kumar Tripathi, learned counsel for the petitioner submits that respondent-University has not issued the B.Ed degree of the petitioner for the B.Ed course 2012-13.
Ms. Shambhavi Tiwari, learned counsel for the respondentUniversity contends that the examination came under a cloud and was investigated by an internal enquiry set up by the University. The enquiry has been concluded.
In case the enquiry has been concluded in favour of the petitioner, there should be no reason not to issue the degree.
In that case the respondent-University is directed to take steps to issue the degree of the petitioner within a period of one month from the date of receipt of a certified copy of this order.
However, if it is found that the petitioner was indicted by the enquiry or his claim for degree and marks-sheet are not valid, then the University may pass appropriate orders.
In case his claim is found valid, the B.Ed degree, to which he found to be entitled, shall be issued to the petitioner within a period of one month from the date of receipt of a certified copy of this order.
With the aforesaid direction, the writ petition is finally disposed off .
Order Date :- 16.11.2019 Sattyarth
2 issues framed by the court
Whether to direct the University to issue the B.Ed degree pending the outcome of the internal enquiry.
Whether to allow the University to pass appropriate orders if the petitioner is indicted or claims are invalid.
Peetosh Kumar
State Of U.P.
Respondent-University
3 Others
Saral Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
