Dismissed

Aayushi Jain v. Union of India Thru. Secy., Deptt. of Higher Education, Ministry of Edu., New Delhi and Others

Allahabad HC2 Apr 2024WRIC/3045/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition by Aayushi Jain as not maintainable, holding that the matter regarding admission to the Post Graduate Program in Pediatrics was already adjudicated in a previous petition (Writ C No. 9645 of 2023). Liberty was granted to challenge the objecting order dated 13.02.2024.

What did the court decide?

No relief granted. The writ petition was dismissed as not maintainable.

Aayushi Jain vs Union of India Thru. Secy… — Education and Admissions | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27002

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Court No. - 20

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Case :- WRIT - C No. - 3045 of 2024

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Petitioner :- Aayushi Jain

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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

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Hon'ble Shree Prakash Singh,J.

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Sri Anand Dwivedi, advocate, has put in appearance for opposite party nos. 1 and 2.

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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:-

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"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.

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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.

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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.

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

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Referring the aforesaid, he submits that in compliance of the order dated 18.01.2024, the Director General, U.P. Medical

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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.

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Learned counsel for the petitioner could not rebut the aforesaid objections raised by counsel for opposite party.

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In view of the above, the writ petition is hereby dismissed as not maintainable.

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However, the petitioner is at liberty to challenge the order dated 13.02.2024, if, she so desires.

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Order Date :- 2.4.2024 Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Aayushi Jain v. Union of India Thru. Secy., Deptt. of Higher Education, Ministry of Edu., New Delhi and Others

Case brief

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Aayushi Jain v. Union of India Thru. Secy., Deptt. of Higher Education, Ministry of Edu., New Delhi and Others

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