SHAILENDRA KUMAR SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS writ appeal is preferred by the appellant-petitioner being aggrieved by the order dated 12.12.2008 passed by the Single Bench of this Court in WP No. 2611/08 whereby his petition for grant of admission in LL.B II Semester Examination has been rejected.

(2.) THE brief facts of the case are that petitioner was given admission in LL.B Course in Madhav Law College, Gwalior from where he has passed his first semestar. Subsequently, it was pointed out that the petitioner was facing criminal trial and he has not disclosed the said fact in his admission form. On that basis his admission was cancelled which was challenged by the petitioner by filing WP No. 2042/05 before this Court and the writ petition filed by the petitioner was dismissed vide order dated 3.8.2005 and it was held by this Court that cancellation of admission of the petitioner in the respondent law college was not arbitrary or illegal and this order of cancellation of admission has attained finality. Subsequently, WP No. 2611/08 was filed by the petitioner on the ground that the petitioner is acquitted by the Criminal Court in Sessions Trial No. 31/05 vide Annexure P-5.

(3.) THIS prayer is opposed by Shri Bhardwaj, learned counsel appearing for Madhav Law College, Gwalior i.e. the respondent No. 3. He contended that there is a clear rule framed by the college [Annexure R-3] wherein it is provided that a person who has criminal background will not be admitted to the college. It is also provided that if any person is admitted to the college on giving false information then his admission can be cancelled.