Gagan Arora son of Sri Anand Arora v. Vice Chancellor, Gurukul Kangri Vishwavidyalay, Haridwar 2. Principal, College of Engineering and Technology
2003-09-25
RAJESH TANDON
body2003
DigiLaw.ai
JUDGMENT Hon'ble Rajesh Tandon, J. : The, writ petition has been filed for a writ order or direction in the nature of mandamus directing the respondents to give admission to the petitioner in the final year classes of Master of Computer Application. 2. The petitioner was given provisional admission in M. C. A. final class vide this Court's order dated 9.8.2003 which is quoted below : "Issue notice to respondents returnable within three weeks. List after three weeks. Learned counsel for the petitioner submits that though the result of second year examination of M.C.A. Course has been declared, the other students have been given admission in the final year class of M.C.A. course, while the petitioner's admission is being ignored. If it is so, the petitioner shall also be given provisional admission like other students." 3. The petitioner has informed that he has completed his study in M. C. A. but the result has not been communicated to him. 4. The counsel for the respondent has stated that inquiry regarding theft of computer is pending against the petitioner and as soon as the inquiry is completed result of the petitioner will be declared. Since the petitioner was given provisional admission there will be no use of keeping the writ petition pending. 5. The matter relates to the career of the student and further the petitioner has completed his M. C. A. course in pursuance of the order passed by this Court. The petitioner who has taken his education throughout the year and has paid the fees, cannot be deprived from its fruits. 6. In 1999 Vol (1) UPLBEC 19, Abu Jaid and others us. Principal Madarsa Tul Islah Sarainmir, Azamgarh and others, it has been held that curtailment of right of education on the ground of petitioner's involvement in some criminal incident absolutely has no concerned with education or institution. Right of education has been held to be fundamental right under Article 21 of the Constitution of India. 7. The writ petition, therefore, is disposed of with the direction that enquiry may be completed by the respondents within a month. 8. In the light of aforesaid facts and circumstances the authorities concerned will consider the declaration of the result of the petitioner and inquiry proceedings will not come in the way of carrier of the petitioner. 9. With the aforesaid observations the writ petition is disposed of.
8. In the light of aforesaid facts and circumstances the authorities concerned will consider the declaration of the result of the petitioner and inquiry proceedings will not come in the way of carrier of the petitioner. 9. With the aforesaid observations the writ petition is disposed of. No order as to the costs.