Saumyadeep Shukla & Others vs Uttarakhand Technical University & Others

Manoj K. Tiwari, J

Heard learned counsel for the parties and perused the record.

Petitioners are student of Kukreja Institute of Management & Technology (from hereinafter referred to as “Kukreja Instituteâ€), who took

admission during Academic Session 2018-19 in different non-technical courses. They are aggrieved by the refusal on the part of Uttarakhand

Technical University to conduct examination for non-technical courses run at Kukreja Institute, therefore, they have approached this Court seeking

following relief:-

Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent University to forthwith hold the 1st Semester

Examination of the courses (M.H.M., B.Sc (FD) and B.H.M.) in which the petitioners have taken admission in the respondent no. 3 Institute in the

Academic Year 2018-19.

Mr. Bhupesh Kandpal, appearing for respondent Nos. 1 & 2 submits that Uttarakhand Technical University has been established to conduct

examination only in respect of technical courses.

It transpires that State of Uttarakhand has now established another University known as Sri Dev Suman Uttarakhand University (in short

‘University’) for conducting examination of non-technical courses, therefore, State Government issued a Government Order dated 11.12.2016,

whereby all private institutions/colleges, affiliated with Uttarakhand Technical University, were directed to get their non-technical courses affiliated

with the said University w.e.f. Academic Session 2016-17. The Uttarakhand Technical University thereafter issued one letter dated 30.08.2016,

whereby all private colleges, including respondent No. 3, were directed to get the non-technical courses affiliated with Sri Dev Suman University.

Sri Vinay Kumar, learned counsel for the Kukreja Institute (respondent No. 3) submits that the Kukreja Institute has filed WPMS No. 3343 of 2016

challenging the Government Order dated 11.12.2016 and also the communication issued by Uttarakhand Technical University on 30.08.2016. He

further submits that the said writ petition is pending for consideration before coordinate Bench of this Court.

The present writ petition has been filed by the students of non-technical courses, who took admission, during Academic Session 2018-19. Learned

counsel for the petitioners submits that petitioners took admission in good faith in the Kukreja Institute and they had no idea about establishment of a

separate University for non-technical courses and also the direction issued by State Government to private institutes to get themselves affiliated with

the new University. He further submits that petitioners would lose one precious year of their career, if some protection is not given to them.

Sri Vinay Kumar, learned counsel for respondent No. 3, on instructions, submits that Kukreja Institute would apply for affiliation to Sri Dev Suman

Uttarakhand University, for Academic Session 2019-20 within ten days, he, therefore, submits that the petitioners’ who are student of Academic

Session 2018-19 may be permitted to appear in the examination to be conducted by Uttarakhand Technical University.

Mr. Bhupesh Kandpal, learned counsel for Uttarakhand Technical University initially opposed the prayer made on behalf of the petitioners,

however, in view of the undertaking given on behalf of Kukreja Institute (respondent No. 3) that Kukreja Institute would apply for affiliation to Sri

Dev Suman Uttarakhand University, he submitted that Uttarakhand Technical University would conduct examination for non-technical courses of

Kukreja Institute for Academic Session 2018-19 provided Kukreja Institute produces proof of making application for affiliation to Sri Dev Suman

Uttarakhand University along with an affidavit before Registrar of Uttarakhand Technical University.

This Court appreciates the reasonable stand taken by Uttarakhand Technical University.

Accordingly, writ petition is disposed of by taking note of the submission made by Mr. Bhupesh Kandpal, learned counsel for Uttarakhand

Technical University.