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Madhya Pradesh High Court · body

2011 DIGILAW 327 (MP)

S. N. Info-Media v. Makhanlal Chaturvedi National University of Journalism & Communication

2011-03-09

K.K.LAHOTI, SUSHMA SHRIVASTAVA

body2011
JUDGMENT : I.A.No.3544/11 for amendment of writ petition For the reasons stated in the application and to the fact that prayer made in the application is not opposed by Shri Nagrath, I.A.No.3544/11 is allowed. Petitioners are permitted to amend the petition as prayed in the application. Necessary amendment be carried out during course of the day. Heard on admission. Shri Nagrath, learned counsel for respondents submitted that this petition is premature. The petitioners have already filed an appeal against the impugned order before the Vice Chancellor of the University. Copy of the appeal memo is Annexure P/19 dated 16.2.2011 and without awaiting the decision on the appeal, petitioners have rushed to this Court, so this petition may not be entertained. Shri N.S. Ruprah, learned counsel appearing for petitioners submitted that petitioner institution is in difficulty. The last date of submitting forms by the students is 15.3.2011 and if the petition is not heard by this Court, all the students of the petitioner Institution shall suffer irreparably. On raising such contention, Shri Nagrath, learned counsel for respondents submitted that petitioner Institution may submit forms of all the students alongwith requisite fees, which shall be accepted by the University. So far as students of the petitioner Institution are concerned, they shall be permitted to submit their forms and their right will not be affected adversely. On being raised such contention, Shri N.S.Ruprah, learned counsel for petitioners submitted that all the students of the petitioners Institution shall submit their forms through the petitioners before due date i.e. 15.3.2011 alongwith requisite fee to the respondents. Respondents be directed to accept the aforesaid forms and in case appeal of petitioners is decided otherwise, the & another appropriate directions should be issued by the appellate authority in respect of the aforesaid forms. Shri Naman Nagrath, learned counsel for respondents submitted that within a period of two weeks from today, appeal Annexure P/19 shall be heard and decided by the Vice Chancellor. As the appeal of petitioner Annexure P/19 is pending before the Vice Chancellor of the respondent University, we find that this petition is premature and petitioners may avail the aforesaid remedy at the first instance and in case, the grievance of petitioner is not redressed in the appeal, petitioner may again approach to this Court. While pressing the appeal, petitioners shall be free to assail the Annexure P/1 and P/20. While pressing the appeal, petitioners shall be free to assail the Annexure P/1 and P/20. In view of aforesaid, at this stage, this petition is not entertain and recording statements of the parties, this petition is finally disposed of. At this stage, Shri Nagrath, learned counsel for respondents submitted that merely acceptance of the forms of the students of the petitioner Institution through the petitioners may not give any right to the petitioners in the matter. Aforesaid apprehension is misconceived, because we have permitted the students of the petitioner Institution to submit their forms through the petitioners to the respondents which is subject to final decision in the appeal. No order as to costs. C.C. as per rules.