Allowed

Baba Educational Society Thru. Secy. Sri. Rajesh Kumar Vajpayee and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Education Lko and Another

Allahabad HC31 Aug 2024WRIC/7335/2024

Case brief

AI extract

What is this about?

This writ petition concerns the allotment of candidates to the petitioner institution for the 2024-25 academic session. The court directed the respondent University to allot only female candidates, maintaining a consistent pattern established for previous three years, on the grounds that changing the pattern without a change of circumstances was unreasonable under the stated legal provisions.

What did the court decide?

Directed to allot only female candidates to the petitioner-institution for academic sessions 2024-25. Two weeks' time granted to file counter affidavit.

Baba Educational Society Thru. Secy. Sri. Rajesh… — Service and Employment | Allahabad HC (2024)

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Court No. - 7

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Case :- WRIT - C No. - 7335 of 2024

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Petitioner :- Baba Educational Society Thru. Secy. Sri. Rajesh Kumar Vajpayee And Another

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Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Education Lko And Another Counsel for Petitioner :- Ravi Prakash Mishra,Abhinav Trivedi

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Counsel for Respondent :- C.S.C.,Gyanendra Kumar Srivastava

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Hon'ble Alok Mathur,J.

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Shri Gyanendra Kumar Srivastava, learned counsel for respondent University on the basis of instructions has informed this Court that for the academic sessions 2021-22, 2022-23, 2023-24 only female candidates were allotted to the petitionerinstitution. He has further submitted that this year i.e., for the academic sessions 2024-25 male candidates have been allotted. He further submitted that allotting female candidates to the petitioner would amount to reservation, which is not permissible as per Section 8 in Atal Bihari Vajpayee Medical University, Uttar Pradesh Act, 2018

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Considering the aforesaid submissions, this Court is of the considered view that since on the same set of facts and in the same legal provisions, the respondent University had allotted only female candidates to the petitioner-institution for the academic sessions 2021-22, 2022-23, 2023-24 and therefore, without there being any change of circumstances, there is no reason for the respondent University to change the pattern of allotment of students to the petitioner-institution for the academic sessions 2024-25. Accordingly, for the academic sessions 2024-25 also, the respondent University is directed to allot only female candidate to the petitioner-institution as they

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have been doing previously.

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Learned counsel for respondent University prays for and is granted two weeks' time to file counter affidavit.

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Rejoinder affidavit, if any, may be filed within one week thereafter.

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List this case on 4.10.2024.

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(Alok Mathur, J.)

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Order Date :- 31.8.2024 Virendra

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

Baba Educational Society Thru. Secy. Sri. Rajesh Kumar Vajpayee and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Education Lko and Another

Case brief

What is this about?

What did the court decide?

Baba Educational Society Thru. Secy. Sri. Rajesh Kumar Vajpayee and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Medical Education Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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