JITENDRA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Yogesh Agrawal, learned counsel for the petitioners. Learned Standing Counsel appears for state respondents. Shri P.S. Baghel has filed appearence for University of Allahabad and Shri Anurag Khanna appears for Chhatrapati Shahuji Maharaj Medical University, Lucknow (CSMMU Lucknow).

(2.) The petitioners are students of medical science of 41st, 42nd, 43rd, 44th, 45th and 46th batch of Moti Lai Nehru Medical College, Allahabad (in short the M.L.N. Medical College, Allahabad) admitted through the Combined Pre-Medical Tests held for the State Medical Colleges in Uttar Pradesh. The students of 41st batch were admitted in the academic session 2001-02; 42nd batch in the academic session 2002-03; 43rd batch in the academic session 2003-04; and 44th batch in the academic session 2004-05.

(3.) By this writ petition the petitioners have prayed for quashing the communication dated 1.1.2009 sent by Chhatrapati Shahuji Maharaj Chikitsa Vishwavidyalaya Lucknow to the Principal, Moti Lai Nehru Medical College, Allahabad forwarding 400examination forms for MBBS 1st Prof. (Supple) 2009; MBBS 2nd Professional (Regular); MBBS Final Professional Part-I (Regular), and MBBS Final Professional Part-ll (Regular) and to ensure deposit of examination fees between 3.1.2009 to 22.2.2009. The petitioners have also prayed for quashing the notification dated 16.7.2008 published by the University of Allahabad and the letter dated 9.7.2008 issued by the Union of India delinking MLN Medical College, Allahabad from the University of Allahabad. The petitioners have also prayed for a direction to the University of Allahabad to hold examinations of the petitioners belonging to 41st, 42nd, 43rd, 44th, 45th and 46th batch respectively of MBBS Professional Course. By an amendment allowed by the Court on 17.4.2009, the petitioners have also prayed for a writ of mandamus declaring provisions of Section 28 (5) of the University of Allahabad Act, 2005 as void on the ground that it delegates excessive powers on the Visitor (the President of India) of repealing and interfering with the legislative provisions, and also on the ground that Section 28 (5) of the Act does not provide for any guidelines and confers uncanalised, unfettered and arbitrary powers on the Visitor violating Article 14 of the Constitution of India. The petitioners have also added ground No. 20 by which they have challenged the orders dated 9.7.2008 issued by Under Secretary, Department of Higher Education, Ministry of Human Resource Development, Government of India informing that the President in her capacity as the "Visitor of University of Allahabad" in exercise of the powers vested in her under Section 28 (5) of the University of Allahabad Act, 2005 has been pleased to repeal;