Writ petition allowed. Court held that change in admission procedure is no ground to cancel valid admissions where fee was deposited and course pursued. Directs respondents to treat admissions as valid and reinstate status.
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Court No. - 36
Case :- WRIT - C No. - 10017 of 2020
Petitioner :- Ravendra Kumar And 35 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rahul Chaudhary Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Ashwani Kumar Mishra,J.
Petitioners have qualified B.Ed. Entrance Examination-2019 and were granted admission in respondent no.6 institution pursuant to counseling. Petitioners, however, are not being permitted to appear in the examination for the reason that the allotment letter had not been downloaded from the concerned website.
In somewhat similar facts and circumstances, this Court had examined the issue and the writ petition has been decided finally vide order dated 5.2.2020 in Writ Petition No.2996 of 2020, which is reproduced hereinafter:-
" Petitioners appeared in the B.Ed. Entrance Examination-2019 and were declared successful therein. In the second phase of counseling they were allotted colleges, whereafter the amount of fee was also deposited by petitioners. Petitioners have been granted admission and they have been pursuing their course, accordingly. It is at this stage that suddenly the amount of fee deposited by them has been returned without passing any specific order cancelling their admission. Aggrieved by such action, petitioners have approached this Court.
Writ petition had been entertained and following orders were passed on 28.1.2020:-
"Learned counsel for the respondent-University may obtain instructions in the matter as to why petitioners' fee for the course in question has been returned without any opportunity of hearing.
Post as fresh on 4.2.2020."
Sri Rohit Pandey has appeared for the University and has also obtained instructions from the concern authority, as per which there was a technical compulsion on account of which the process of counseling has to be discontinued and fresh counseling was undertaken by the University. As per the reconstituted procedure, petitioner nos.1 and 2 were entitled to allotment in the same college. So far as the petitioner no.3 is concerned, it is alleged that though he was allotted college but he never downloaded college allotment letter and therefore his admission has been treated as cancelled.
Learned counsel for the petitioners states that petitioners have not only deposited their fee but have also pursued their course for more than six months and at this stage asking them to undertake fresh admission would serve no purpose. So far as petitioner no.3 is concerned, it is pointed out on behalf of petitioners that he has also deposited his fee on 29.6.2019 and the same has also been returned on 21.12.2019. It is submitted that petitioner no.3 has also attended course for more than six months.
In the facts and circumstances as have been noticed above, it is clear that petitioners have qualified the entrance test and have secured admission on the basis of their merits. There is no default on their part in depositing fee or attending their class. Merely
because of some change in the procedure by which admission process was being undertaken would not be a ground to cancel petitioners' admission or to require them to take fresh steps by applying again or depositing fee. This entire exercise is otherwise without any opportunity of hearing and is not shown to be referable to any provision of law.
In that view of the matter, this writ petition stands allowed with a direction upon respondents to treat the petitioners' admission as valid and to allow them to pursue their B.Ed. course for which admission has already been granted to them and fee was also deposited. The returned amount shall be deposited by way of a bank draft to the college concerned, alongwith certified copy of this order, within a week from today. "
Sri Rohit Pandey, who has obtained instructions in the matter, does not dispute that facts of this case are similar.
In that view of the matter, for the reasons recorded in the aforesaid order dated 5.2.2020, this writ petition is also allowed on the same terms.
Order Date :- 6.7.2020 Anil
1 issue framed by the court
Whether admission granted to petitioners who downloaded or did not download allotment letter can be cancelled due to procedural change.
Ravendra Kumar And 35 Others
State Of U.P. And 5 Others
Ashwani Kumar Mishra
Anil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
