Petitioner seeking admission denied as not maintainable regarding a prior Writ and granted liberty to challenge the subsequent departmental order.
The writ petition was dismissed as not maintainable; liberty granted to challenge the order dated 13.02.2024.
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Neutral Citation No. - 2024:AHC-LKO:27002
Court No. - 20
Case :- WRIT - C No. - 3045 of 2024
Petitioner :- Aayushi Jain
Respondent :- Union Of India Thru. Secy., Deptt. Of Higher Education, Ministry Of Edu., New Delhi And Others Counsel for Petitioner :- Sushil Kumar Misra Counsel for Respondent :- A.S.G.I.,A.S.G.I.,Abhinav Trivedi
Hon'ble Shree Prakash Singh,J.
Sri Anand Dwivedi, advocate, has put in appearance for opposite party nos. 1 and 2.
Sri Abhinav Trivedi, learned counsel for oposit party no. 4 has raised primarily objection that this writ petition is not maintainable on the premises that the petitioner has already approached this Court by way of preferring the writ petition bearing Writ C No. 9645 of 2023, wherein, the order was passed on 18.01.2024, which is quoted as follows:-
"1. Heard learned counsel for petitioner, learned State Counsel for opposite party no. 1 and Mr. Abhinav Narayan Trivedi, learned counsel for opposite party no. 2.
2. Petition has been filed seeking a direction to concerned authority to consider petitioner's merit, entitlement and thereafter grant admission to petitioner in the Post Graduate Program of Pediatrics in the college in question.
3. Since consideration of petitioner's grievance would entail factual aspects, liberty is granted to petitioner to file a fresh representation before the opposite party no. 1 i.e. Director General,U.P. Medical Education Training And Research, Lucknow who shall consider and decide the same within a period of two weeks from the date a certified copy of this order is produced before the said authority.
4. With the aforesaid observations and directions, the petition is finally disposed of."
Referring the aforesaid, he submits that in compliance of the order dated 18.01.2024, the Director General, U.P. Medical
Education Training and Research, Lucknow has passed a detailed order on 13.02.2024, considering all the factual matrix with respect to controversy in the matter which is appended as annexure no. 1 alongwith the writ petition. He contended that the petitioner without challenging the order dated 13.02.2024 again approached this Court, seeking writ of mandamus for considering the claim of the petitioner, which is not maintainable.
Learned counsel for the petitioner could not rebut the aforesaid objections raised by counsel for opposite party.
In view of the above, the writ petition is hereby dismissed as not maintainable.
However, the petitioner is at liberty to challenge the order dated 13.02.2024, if, she so desires.
Order Date :- 2.4.2024 Mayank
Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the present writ petition is maintainable given the petitioner already approached this Court on the same subject matter and was granted liberty to file a representation.
Aayushi Jain
Union Of India
Mayank Pratap Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
