Dismissed

Anup Kumar v. State of U.P. Thru. Secy. Medical Education and Training U.P. Lko. and Others

Allahabad HC12 Dec 2024SPLA/149/2023

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What is this about?

Special appeal rejected where appellant failed to apply for counseling within the fixed time. Court held earlier limitation clear from appellant's own representation and affirmed lower courts' inability to extend schedule per Supreme Court precedent.

What did the court decide?

Special appeal rejected against the order dated 6.2.2023 upholding the rejection of the writ petition.

Anup Kumar Vs State of U.P. Thru. Secy. Medical… — Education and Admissions | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:83415-DB

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Court No. - 1

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Case :- SPECIAL APPEAL No. - 149 of 2023

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Appellant :- Anup Kumar Respondent :- State Of U.P. Thru. Secy. Medical Education And Training U.P. Lko. And Others Counsel for Appellant :- Vineet Srivastava,Sandeep Kumar Srivastava Counsel for Respondent :- C.S.C.,Anupras Singh,Gyanendra Kumar Srivastava,Kshitij Mishra,Shubham Tripathi

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

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Heard the appellant, who has appeared in person, Shri Gopal Kumar Srivastava, learned State Counsel and Shri Kshitij Mishra, learned counsel, who has put in appearance on behalf of respondent no.2.

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By means of this intra-court appeal the appellant has assailed the judgment and order dated 6.2.2023 passed by the writ Court whereby the writ petition filed by him for the relief sought therein, has been rejected on the ground that the appellant has failed to apply online for the purposes of participation in the counseling, and secondly, that the writ Court could not exercise power for extension of any time schedule, which has clearly been deprecated by the Apex Court in the case of St. Stephen Hospital College of Nursing v. Union of India and others , Special Leave to Appeal No.10571 of 2022 decided on 10.6.2022.

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The appellant has advanced his submissions on various aspects of the matter but on a careful consideration of his own representation dated 24.12.2022, which was forwarded online at 8:22 PM, it is sufficiently gathered that he has himself accepted to be oblivious of the date for making online application. The time schedule for uploading the application online for the purposes of participating in the counseling was fixed for 23.12.2022 after 2:00 PM. Therefore, any interference shown by the writ Court for the reasons recorded in the impugned order, in our humble consideration, do not suffer from any illegality or perversity.

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The special appeal bereft of any merit is accordingly rejected.

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Order Date :- 12.12.2024 Anupam

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(Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.)

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Digitally signed by :- ANUPAM SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Anup Kumar v. State of U.P. Thru. Secy. Medical Education and Training U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

Anup Kumar v. State of U.P. Thru. Secy. Medical Education and Training U.P. Lko. and Others

Case brief

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What did the court decide?

What the court decided

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