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Judgment
Heard counsel. The petitioner has been denied admission in LLB Three years Degree course on the ground that a criminal case is registered against the petitioner and the same is pending.
Respondent University in its return has pleaded that in accordance with guidelines issued by the Higher Education Department, if any criminal case is pending against a person he would not be eligible to get admission in a college. Relevant clause reads as under:
From the aforesaid clause, it is clear that if a criminal case is pending against a person, he would not be given admission in a college.
In the present case, a criminal case for the offences punishable under sections 452, 354, 294 and 323 /34 is registered against the petitioner at Crime No. 17/06 at Police Station, Gwalior in the year 2006. A cross case was also registered. Petitioner filed an application for quashment of criminal proceedings u/s 482 Cr.P.C. before the High Court, however, the same was dismissed. A Criminal MP No. 22860/2012 was filed before Hon''ble the Supreme Court and the same is pending. Hon''ble the Supreme Court has passed the following order:
Four weeks'' time is granted for filing counter affidavit. If for any reason, the counter affidavit is not filed, the time granted by this Court will not be extended.
List the matter on 13/1/2014.
From the aforesaid facts of the case, it is clear that the offences under sections 452, 354, 294 and 323 /34 registered against the petitioner are minor in nature. Apart from this, there is a cross case and a criminal MP is also pending before Hon''ble the Supreme Court. In this view of the matter, in our opinion, it could not be just and proper to deny admission to the petitioner to pursue his law course in a college. Consequently, this writ petition is allowed. The respondents are directed to grant admission to the petitioner in LLB Three years Degree course, if he is otherwise eligible, except on the ground of pendency of criminal case.