# Anoop Kumar Shukla & ors v. Secretary, Secondary Sanskrit Education & ors

- **Citation:** (2009) 2 ILRA 376
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2009-04-02
- **Case number:** Civil Misc. Writ Petition No.4300 of 2009
- **Bench:** Rakesh Tiwari
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/anoop-kumar-shukla-ors-v-secretary-secondary-sanskrit-education-ors-41386
- **Pages:** 3

## Headnote

Niyamawali-Section
37(8),
49(d)
of
Article 12.31-ceasure of affiliation -on
pertext for last 3 year no student send
for examination- Assistant Registrar of
University reported regarding continuity
officiation- in absence of any restriction
in U.P. Secondary Sanskrit education
Board-petitioner can not be compelled to
pursue their examination as private
candidate.

Held: Para 6

After hearing counsel for the parties at
length, in the opinion of this Court, in the
absence of any provision in the aforesaid
Act, the petitioners cannot be directed
by the Board or DIOS to appear in the
examination as private student also for
the reason that respondent university
still
recognises
the
institution
of
petitioners as affiliated to it as is
apparent from the record, and therefore
the petitioners cannot be denied to
appear in the examination as regular
2 All] Anoop Kumar Shukla & ors. V. Secretary, Secondary Sanskrit Education & ors.
377
student merely on the basis of some
deeming provision in the Act or statute.

## Text

376 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
suffices, it is often stated that battle axe is
precluded.

18. While judging the question of
reasonableness and fairness, the statutory
authority must consider the factual matrix in
each case keeping in mind the doctrine of
flexibility. Before an action is struck down,
the Court must be satisfied that a case has
been made out for exercise of power of
judicial review. Every order must be
founded on rationality, which must be seen
in the context of the facts of the case.

19. The Court does not find that
there was any occasion at all, or it was
permissible to terminate the petitioner's
engagement on the ground that he had
shifted his residence from Kanaili to a
neighbouring area in Newada for which
he had himself made a declaration on the
basis of a partition in his family. In this
case the question as to whether the
circular order dated May 23, 1984 is
relevant
for
the
purpose
of
fresh
engagement of Home Guards, Platoon
Commanders and Company Commanders
is not in issue. The circular however
issued after petitioner's engagement as a
Home Guard could not be a ground to
disengage him after his selections as
Company Commander.

20. The writ petition is allowed.
The order No. 8290 dated 5.12.2008
passed by District Commandant, Home
Guards, is set aside. The petitioner shall
be reinstated and shall be allowed to serve
as Company Commander in Home
Guards with all consequential benefits.
The petitioner will also be entitled Rs.
5000/- as cost of this petition.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 02.04.2009

BEFORE
THE HON'BLE RAKESH TIWARI, J.

Civil Misc. Writ Petition No.4300 of 2009

Anoop Kumar Shukla and others

 ...Petitioners
Versus
Secretary,
Secondary
Sanskrit
Education Board U.P. Lucknow and
others

 ...Respondents

Counsel for the Petitioners:
Sri R.C. Dwivedi

Counsel for the Respondents:
Sri Anil Tiwari
Sri Ved Vyas Misra
Sri Sudama Ram

Sampurnanad Sanskrit Vishwa Vidyayala
Niyamawali-Section
37(8),
49(d)
of
Article 12.31-ceasure of affiliation -on
pertext for last 3 year no student send
for examination- Assistant Registrar of
University reported regarding continuity
officiation- in absence of any restriction
in U.P. Secondary Sanskrit education
Board-petitioner can not be compelled to
pursue their examination as private
candidate.

Held: Para 6

After hearing counsel for the parties at
length, in the opinion of this Court, in the
absence of any provision in the aforesaid
Act, the petitioners cannot be directed
by the Board or DIOS to appear in the
examination as private student also for
the reason that respondent university
still
recognises
the
institution
of
petitioners as affiliated to it as is
apparent from the record, and therefore
the petitioners cannot be denied to
appear in the examination as regular
2 All] Anoop Kumar Shukla & ors. V. Secretary, Secondary Sanskrit Education & ors.
377
student merely on the basis of some
deeming provision in the Act or statute.

(Delivered by Hon'ble Rakesh Tiwari, J.)

1. Heard counsel for the petitioner
and Sri Ved Vyas Misra for the
respondent university.

2. This writ petition has been filed
for quashing the order dated 10.12.08
passed by the Secretary, U.P. Madhyamik
Sanskrit Shiksha Parishad, Lucknow to
the effect that petitioner would be
permitted to appear in the examinations as
private candidate on the ground that as no
student has been sent by the institution for
the last three years for appearing in the
examination conducted by the aforesaid
Board, hence in view of section 37(8) and
49(d) of Article 12.31 of Samputnanand,
Sanskrit Vishwavidyalaya Niyamawali,
affiliation of the institution has ceased.

3. Contention of the counsel for
petitioner is that Assistant Registrar of the
University vide his letter dated 25.1.09
appended as annexure no. 2 to the
rejoinder affidavit has informed the DIOS
that affiliation of the college in question is
continuing. It is also stated that there is no
provision in U.P. Secondary Sanskrit
Education Board Act (U.P. Act No. 32 of
2001) to the effect that if no student is
sent for appearing in the examination by
the college for three years, affiliation
would cease. It is submitted that Assistant
registrar of the university has granted
affiliation for the year 2007-08 and also
for the year 2009 to the institution where
the petitioner are studying, as such no
direction can be issued by the respondents
for appearance of the petitioner in the
examination as private candidate.

4. The standing counsel appearing
on behalf of the DIOS as well as the
Board submits that respondent board has
rightly taken a decision for petitioners'
appearance in the examination as private
student for the reason neither fee has been
deposited not they have any legal right to
appear in the examination as regular
student being barred by provision of
section 37 (8) and 49 (d) of Article 12.31
of
Sampurnanand
Sanskrit
Vishwavidyalaya Niyamawali.
.

5. In rebuttal, counsel for the
petitioner submits that it is apparent from
the rejoinder affidavit that petitioners
have paid their examination fee etc, and
being regular student of the college they
cannot be compelled to appear in
examination as private students.

6. After hearing counsel for the
parties at length, in the opinion of this
Court, in the absence of any provision in
the aforesaid Act, the petitioners cannot
be directed by the Board or DIOS to
appear in the examination as private
student also for the reason that respondent
university still recognises the institution
of petitioners as affiliated to it as is
apparent from the record, and therefore
the petitioners cannot be denied to appear
in the examination as regular student
merely on the basis of some deeming
provision in the Act or statute.

7. For all the reasons stated above,
the writ petition is allowed. The petitioner
shall be allowed to appear in the
examination as regular students and their
result will be declared accordingly. No
order as to costs.
---------
378 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 27.05.2009

BEFORE
THE HON'BLE VIJAY KUMAR VERMA, J.

Criminal Misc. Bail Application No.21955
of 2008

Anis @ General

...Applicant
Versus
State of U.P.

...Opposite Party

Counsel for the Applicant:
Sri M.P.S. Chauhan
Sri Nasiruzzaman

Counsel for the Opposite Party:
A.G.A

Code of Criminal Procedure- Section 439Bail application offence under section
380/411 IPC allegation of stoling of one
set mobile, licensed revolver with six live
cartridges-all goods recovered from the
possession of applicant-no case for Bail-
direction issued expeditious conclusion
of Trial.

Held: Para 10

Having
given
my
thoughtful
consideration to the rival submissions of
the parties counsel, in this heinous
crime, the applicant does not deserves
bail, as stolen licenced revolver and
mobile sim are said to have been
recovered
from
the
applicant's
possession, for which there is sufficient
prima facie evidence.
Case Law discussed:
2008 (63) ACC 115

(Delivered by Hon'ble Vijay Kumar Verma, J.)

1. Heard Sri M.P.S. Chauhan
Advocate appearing for the applicant and
AGA for the State and perused the record.

2. An FIR was lodged on
25.05.2008
at
10.00
a.m.,
by
the
complainant Satendra Pal Singh at P.S.
Quarsi, District Aligarh, where a case at
crime no. 369 of 2008, under section
380/411 was registered against unknown
persons. The allegation in the FIR is that
one mobile Nokia 2600 having sim card
bearing
no.
9837036373,
licenced
revolver 32 bore, bearing No. F.G. 33271
with six live cartridges and Rs.2000/-
were stolen from the room of complainant
on 25.05.2008 at about 5.30 a.m. The
allegation against applicant Anis @
General is that stolen revolver and sim of
mobile
were
recovered
from
his
possession on 02.06.2008.

3. The main submission made by
learned counsel for the applicant in
support of the bail application is that no
such incident as alleged by prosecution
had occurred and fabricating a false story
of theft and recovery of revolver etc. the
applicant has been falsely roped in this
case.

4. Next submission is that there is no
criminal history against the applicant,
who is in jail since 03.06.2008.

5. It is further submitted that at the
most offence under section 411 IPC
would be made out against the applicant,
because he is not named in the FIR of
theft and since maximum sentence under
section 411 IPC is 3 years imprisonment,
hence on this ground the applicant
deserves bail now, as he in jail more than
11 months.

6. It is further submitted by learned
counsel
that
the
applicant
was
apprehended by the police from his house
and mother of the applicant had sent