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IN THE HIGH COURT OF ALLAHABAD
Pankaj Kumar Jaiswal, Dinesh Kumar Singh, JJ.
Dr. A.P.J. Abdul Kalam Technical University Lko. and Anr. – Appellants
Versus
Sahir Sohail and Ors. – Respondents
Special Appeal No. 563 of 2019
Decided On : 10-06-2020
Uttar Pradesh Technical Universities Act, 2000 – Cancelling Enrollment – Present intra-court appeal is directed against judgment and order passed by Single Judge in Writ Petition preferred by private respondents impugning order issued by appellant-University cancelling enrollment of all such students, who had submitted their Class-XII certificate issued by Jharkhand State Open School, Ranchi and were admitted for various engineering courses by several colleges affiliated to appellant-University against management quota – On enquiry, it was found that Jharkhand State Open School, Ranchi was a bogus and fictitious body and was not authorised to issue any educational certificate to the students – Held, Court is of considered opinion that if respondents are permitted to continue to pursue their courses, it would amount to putting premium to fraud practice by Jharkhand State Open School and respondents – Courts cannot come to rescue such students, who had secured admissions on the basis of false and illegal certificates of educational eligibility for admission – When respondents did not have essential eligibility for admission in engineering courses, they cannot be permitted to continue to pursue their courses, appellant-University was well within power to cancel their admissions – Special Appeal Allowed (Paras 19, 20)
Fact of the Case:
Appeal is directed against the judgment and order dated 6.12.2019 passed by the learned Single Judge in Writ Petition No.23929 (MS) of 2019 preferred by the private respondents impugning the order dated 14.8.2019 issued by the appellant-University cancelling the enrollment of all such students, who had submitted their Class-XII certificate issued by the Jharkhand State Open School, Ranchi and were admitted for various engineering courses by the several colleges affiliated to the appellant-University against management quota. On enquiry, it was found that the Jharkhand State Open School, Ranchi was a bogus and fictitious body and was not authorised to issue any educational certificate to the students.
Finding of the Court:
Court is of considered opinion that if respondents are permitted to continue to pursue their courses, it would amount to putting premium to fraud practice by Jharkhand State Open School and respondents – Courts cannot come to rescue such students, who had secured admissions on the basis of false and illegal certificates of educational eligibility for admission – When respondents did not have essential eligibility for admission in engineering courses, they cannot be permitted to continue to pursue their courses, appellant-University was well within power to cancel their admissions.
Result: Special Appeal Allowed
JUDGMENT :
1. Heard Sri Sandeep Dixit, learned Senior Advocate assisted by Sri Atul Kumar Dwivedi, learned counsel for the appellants and Sri H.P. Srivastava, learned Additional Chief Standing Counsel for the State and Sri Anilesh Tiwari and Sri Desh Deepak Singh, learned counsel for the private respondents.
2. The present intra-court appeal is directed against the judgment and order dated 6.12.2019 passed by the learned Single Judge in Writ Petition No.23929 (MS) of 2019 preferred by the private respondents impugning the order dated 14.8.2019 issued by the appellant-University cancelling the enrollment of all such students, who had submitted their Class-XII certificate issued by the Jharkhand State Open School, Ranchi and were admitted for various engineering courses by the several colleges affiliated to the appellant-University against management quota. On enquiry, it was found that the Jharkhand State Open School, Ranchi was a bogus and fictitious body and was not authorised to issue any educational certificate to the students.
3. Learned Single Judge vide impugned judgment and order has allowed the writ petition and set aside the order dated 14.8.2019 relying on the judgments in Ashok Chand Singhvi Vs. University of Jodhpur and others, reported in (1989) 1 SCC 399 and Suresh Pal and others Vs. State of Haryana and others, reported in (1987) 2 SCC 445. Learned Single Judge has held that the students were deceived by the Jharkhand State Open School, Ranchi, which also deceived the appellant-University and, the students were not at fault. The students have cleared their first year and are in the second year of the engineering course, and it would be unjustified to cancel their admissions at this stage and then ask them to complete their XII standard.
4. Dr. A.P.J. Abdul Kalam Technical University, Lucknow (for short 'AKTU') formerly Uttar Pradesh Technical University (UPTU), was established by the Government of Uttar Pradesh on 8th May, 2000 by the Uttar Pradesh Technical Universities Act, 2000 (Act No.23 of 2000). Under the said Act, "Technical Education" includes programmes of education, research and training in engineering, technology, architecture, town planning, pharmacy, applied arts and crafts and such other programmes and areas that the Central Government may declare by notification in the Official Gazette in consultation with All India Council for Technical Education ( for short 'AICTE'). On 9.9.2015, the UPTU was official named as Dr. A.P.J. Abdul Kalam Technical University, Lucknow (AKTU). The University is affiliating in nature and its jurisdiction spans the entire state of Uttar Pradesh. It is one of the largest Technical Universities in India and perhaps in Asia. Because of its size, the number of colleges affiliated to it, and geographic dispersion, it is sub-divided into five zones with 45–50 colleges in each zone for the ease of management and facilitating inter-zonal comparison and possible internal competition to enhance quality of teaching-learning processes.
5. The University envisions to facilitate and nurture the quality of technical education and research in its own premises as well as all affiliating institutions. At present, there are 785 Colleges and Institutions affiliated to the University. The task of the University included conducting State Level Entrance Examination (U.P.S.E.E.) for admission to various programs in institutions affiliated to it. The University conducts central examinations in each semester for all the affiliated colleges and the institutions. In 2019, around 4,00,000 students were enrolled in its various programmes.
6. The University offers undergraduate courses in engineering, architecture, hotel management and catering technology, fashion and apparel design, and pharmacy. These lead to degrees of B.Tech, B.Arch, BHMCT, BFAD, and B.Pharma respectively. The university offers postgraduate courses in computer applications and business administration leading to degrees of MCA, MBA and M
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