Dismissed

Biswjeet Bala v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Medical Education and 5 Others

Allahabad HC24 Jan 2025SPLA/17/2025

Case brief

AI extract

What is this about?

Intra-court appeal against dismissal of a writ petition challenging cancellation of B.A.M.S. admission for scoring below cut-off marks. The Division Bench found the appellant admittedly did not meet even the reduced cut-off, and rejected the refund claim as beyond pleadings. Appeal dismissed.

What the court decided

AI extract

Biswjeet Bala vs State of U.P. Thru. Addl. Chief… — Education and Admissions | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:4758-DB

¶2

Court No. - 1

¶3

Case :- SPECIAL APPEAL No. - 17 of 2025 Appellant :- Biswjeet Bala Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Medical Education And 5 Others Counsel for Appellant :- In Person Counsel for Respondent :- C.S.C.

¶4

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

¶5

Heard the appellant who has appeared in person.

¶6

This intra-court appeal has assailed the judgment/order dated 09.01.2025 passed by the writ court whereby the writ petition has been dismissed in terms of the following order:-

¶7

"Heard learned counsel for petitioner and learned State Counsel for opposite parties 1 to 3. Affidavit of service with regard to opposite parties and 5 is taken on record.

¶8

Petition has been filed challenging order dated 5th July, 2024 passed by Director, Ayush /Ayurvedic Service U.P. Lucknow whereby petitioner's admission in the B.A.M.S. course has been cancelled on the ground that he has obtained marks lesser than cut off required.

¶9

On the basis of submissions advanced and perusal of material on record, it is admitted that although earlier the cut off marks for admission in the aforesaid course under S.C. category to which the petitioner belongs, was 108 which was subsequently reduced to 96 by the Ayush Admissions Central Counselling Committee vide notification dated 30th March, 2022. It is admitted by learned counsel for petitioner that the petitioner failed to make even the reduced cut off marks.

¶10

In view of aforesaid admitted situation when the petitioner has not been able to obtain the cut off marks required for admission, no fault can be found in the order impugned. The petition therefore being devoid of merits is dismissed."

¶11

A plain reading of the order impugned here in this appeal indicates that the writ court has dismissed the writ petition on the admission of the petitioner and keeping the admitted position of facts into consideration. It is not the case before us that the petitioner in the examination on the basis of which admission has been claimed had secured above the cut off marks. Thus, no right has accrued to the appellant on the basis of marks secured by him in the prescribed examination.

¶12

Lastly, the appellant has argued that he had deposited the college fee in a bonafide manner, therefore, the amount of Rs.3,04,400/-paid towards fees be refunded to him.

¶13

This is a dispute between the appellant and respondent no.4 regarding which no grievance has been raised by the appellant before the writ court, thus, the prayer made in the appeal to this extent cannot be appreciated being beyond the pleadings made in the writ petition.

¶14

The appeal is accordingly dismissed.

¶15

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

¶16

Order Date :- 24.1.2025 Shahnaz

¶17

Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench

Biswjeet Bala v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Medical Education and 5 Others

Case brief

What is this about?

What the court decided

Biswjeet Bala v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Medical Education and 5 Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Yogendra Kumar and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Irrigation and Water Resources Deptt. Lko and 2 Others

Muneer Khan Vs State of U.P. Thru. Prin. Secy. Gram Vikas Lko. and 7 Others

Ajay Singh Rana Vs State of U.P. Thru. Secy. Basic Edu. Lko and 5 Others

No. 13962092 W Ex Hav Ram Shankar Vs U.O.I. Thru. Secy. Ministry of Defence New Delhi and 3 Others

Biswjeet Bala Vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Medical Education and 5 Others

Kamini Agarwal Vs Union of India Thru. the Secy. Ministry of Defence and 4 Others