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Allahabad High Court · body

2012 DIGILAW 1392 (ALL)

Flg. Cdt. Pallav Mohan v. Union of India Thru Its Secy. Min. of Civil Aviataion & Ors

2012-06-27

ANIL KUMAR

body2012
Anil Kumar, J.;— Heard Shri Anurag Srivastava, learned counsel for the petitioner, learned Assistant Solicitor General of India appearing on behalf of opposite party no.1 and Shri O. P. Srivastava, learned counsel appearing on behalf of opposite party no.2 and perused the record. 2. In district Rai Bareli, there is an academy known as Indira Gandhi Rashtriya Uran Akademi, Fursatganj, Airfield, District- C.S.M. Nagar (Rae-bareli). 3. The said Academy in the year 2011 issued an advertisement for flying and ground training entitled as 1110 Ab-initio to Commercial Pilot License Course of Indira Gandhi Rashtriya Uran Akademi, Fursatganj, Airfield, District- C.S.M. Nagar (Rae-bareli), U.P. 4. In pursuance to the same, the petitioner submitted his candidature, thereafter he was selected and got admission in the Academy for getting the training and license known as Commercial Pilot License. While he was undergoing the said training, the same was terminated by order dated 22.5.2012 (Annexure5) passed by opposite party no.2. Aggrieved by the said facts, the present writ petition has been filed. 5. Shri Anurag Srivastava, learned counsel for the petitioner while assailing the impugned order submits that the same is illegal and arbitrary in nature as well as mala fide and in contravention to IGRUA training policy. 6. He further submits that as a matter of fact on record, the petitioner has passed the first part of ground training phase, thereafter he was allowed for the second part of the course/training i.e. "Flying & Simulator Training" and while doing Simulator Training he was allowed to operate the air craft and in this regard he has been given suitable certificate in his favour by the instructor under whom the petitioner has successfully completed the training. 7. In addition to the abovesaid facts, Shri Anurag Srivastava, learned counsel for the petitioner submits that the persons whose performance is below in comparison to the petitioner were allowed to continue the training, whereas the petitioner who has successfuly completed the training i.e. "Flying & Simulator Training" and also completed the hunger training, his training was terminated by order dated 22.5.2012 without providing any reasonable opportunity whatsoever to him with oblique, motive and purpose. 8. 8. Shri O. P. Srivastava, learned counsel for the respondent on the basis of the instructions received to him submits that if the petitioner make a fresh representation in respect of grievances which has been raised in the present writ petition before the opposite party no.3, the same will be considered by the opposite party no.3 sympathetically without being influenced by the facts and decision taken in the past in the present case. In the interest of the petitioner, looking his career. 9. For the foregoing reasons, in the interest of justice, as an interim measure, keeping in view the submission of Sri O. P. Srivastava, learned counsel for the respondent, the petitioner is permitted to make a fresh representation to the opposite party no.3 raising his grievances which he has raised in the present writ petition and the said opposite party shall decide the same within a further period of a week after giving an opportunity of personal hearing to him without influenced and taking into consideration the past history of the case and the order passed in the matter in question as per rules/policy which governs the filed sympathetically and taking into mind that the future career of the petitioner involved in the present era as well as hard earned money of the petitioner's father invested to get the training to the petitioner. List/put up on 18.7.2012 as fresh. On the said date, Shri O.P. Srivastava, learned counsel for the respondent shall produce the decision taken by the opposite party no.3/ in the matter and also relevant record as well as report in respect of the ground training test "Flying & Simulator Training" and the operation of the air craft by the petitioner etc. submitted by the instructor. _