Disposed

Shyam Kumari Group of Pharmacy College, Prayagraj Thru. Manager Devendra Mishra and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education Lucknow and Others

Allahabad HC16 Jan 2024/349/2024

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What is this about?

No. - 2024:AHC-LKO:4048 Court No. - 17 Case…

What did the court decide?

Direction to Secretary, UP Board of Technical Education to decide affiliation grievance within two weeks; counselling prayers subject to special appeal decision.

What the court decided

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Shyam Kumari Group of Pharmacy College, Prayagraj… — Education and Admissions | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4048

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Court No. - 17

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Case :- WRIT - C No. - 349 of 2024

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Petitioner :- Shyam Kumari Group Of Pharmacy College, Prayagraj Thru. Manager Devendra Mishra And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Technical Education Lucknow And Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C.,D.K. Singh Chauhan,Ravi Singh

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioners, learned State Counsel appearing on behalf of opposite parties 1 and 2, Mr. Ravi Singh learned counsel for opposite party No.3 and Mr. D.K.S. Chauhan learned counsel for opposite party No.4.

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Petition has been filed for following reliefs:-

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"(i) To issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties to provide affiliation to the petitioners' institution for running the D.Pharma course for the education session 2023-24 as approval has already been granted by the Pharmacy Council of India, New Delhi expeditiously as early as possible prior to 15 January 2024, in the interest of justice.

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(ii) To issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties to include the name of the petitioners institution for the counseling of D Pharma courses in view of the order passed by this Hon'ble ourt in Special Appeal No. 504/2023.

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(iii) To issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties to extend the benefit of the judgment and order dated 27.09.2023 passed by this Hon'ble Court in Writ C No. 8389/2023 (HMS College of Pharmacy, Bulandsahar and others Versus State of U.P. and others) to the petitioners also, in the interest of justice.

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(iv) To issue a writ, order or direction in the nature of Certiorari thereby quashing the counseling schedule published on 05.12.2023 in the Daily Newspaper Amar Ujala so far it relates to the only 23 institutions, contained

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as Annexure no.1 to the writ petition. ....."

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It has been submitted by learned counsel for petitioners that aspect of counseling is still under litigation before division bench of this Court in Special Appeal No. 504 of 2023 and therefore his grievance with regard to same as indicated in prayers 2,3 and 4 would abide by the aforesaid judgments. At present he is pressing for prayer No.1 and for a direction to opposite parties for consideration with regard to same.

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Learned counsel for opposite parties do not dispute the fact that aspect of counseling is already under litigation before division bench in special appeal.

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Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No. 2 i.e. Secretary, Uttar Pradesh Board of Technical Education, Lucknow is directed to decide petitioner's grievance regarding his prayer No.1 pertaining to affiliation within a period of two weeks from the date a certified copy of this order is submitted before said authority. Issue regarding prayers 2,3 and 4 may abide by the decision taken in special appeal No. 504 of 2023 in case petitioner is entitled for same. Grievance of petitioner shall be subject to special appeal in case he is entitled for same.

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With aforesaid observations and directions, the petition is finally disposed of.

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Order Date :- 16.1.2024 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shyam Kumari Group of Pharmacy College, Prayagraj Thru. Manager Devendra Mishra and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education Lucknow and Others

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Shyam Kumari Group of Pharmacy College, Prayagraj Thru. Manager Devendra Mishra and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education Lucknow and Others

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