Courts Update Allahabad High Court summons UPRTOU Registrar for not allowing...

Allahabad High Court summons UPRTOU Registrar for not allowing girl to take up two courses

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Allahabad Sept 11(ILNS): Allahabad High Court on Thursday given time to take a decision on allowing the Registrar of UP Rajarshi Tandon Open University Phaphamau Prayagraj to do two courses simultaneously, and directed to appear on 14th September with an explanation as to why heavy damages should not be imposed on him for harassing the petitioner student, and why not recommend for disciplinary action against them.

A Single Bench comprised of Justice Ajay Bhanot passed this order while hearing a petition filed by Unnati.

Earlier on September 07, the Court permitted the Counsel for the petitioner to implead Vice Chancellor, Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj, as co-respondent no.6 in the array of parties during the course of the day. 

In this case, the petitioner got enrolled in the Ph.D. program run by Khawaja Moinuddin Chisti Language University, Lucknow, in the academic sessions 2018-2019.

The petitioner with a view to expanding her horizons also enrolled herself in the M.A. (Home Science) course being run by the respondent-Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj, in the academic year 2019-20.

According to the petitioner, she is entitled to continue both the academic programs simultaneously in view of relevant UGC guidelines as well as Ministry of Human Resource Development circulars.

The petitioner also made a formal application for grant of permission to take the aforesaid M.A. (Home Science) examination. A letter was sent to the Vice-Chancellor, Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj.

According to the petitioner, no reply was forthcoming from the aforesaid University authorities and subsequently, she could not appear in the examination.

The Court noted that it is clear that the Registrar, Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj, has failed to give a categorical answer to the very legitimate query raised by the petitioner.

It is evident that either the Registrar, Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj wants to shirk his duties or is unable to make decisions. In both cases, it does not augur well for the future of the University as well as the students. Vice-Chancellor, Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj, is liable to take cognizance of this fact, the Court observed.

The Court said at the request of Shashi Prakash Rai, Counsel for the University, additional time is given to the Registrar, Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj to explain his failure to pass a categorical order on the request made by the petitioner as per law.

Rijwan Ali Akhtar, counsel for the University Grants Commission, New Delhi, submits that the petitioner is entitled to continue the aforesaid courses simultaneously in view of the relevant UGC guidelines.

The Court noted that on September 09 when the matter was taken up, the counsel for the University has failed to produce the order which the Registrar, Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj was required to pass in compliance with of orders of this Court.

The affidavit has been filed on behalf of the respondents and the same does not disclose satisfactory reasons for failure to decide the application of the petitioner.

It has been contended by Ashok Khare, Senior Counsel for the respondent-University that the Registrar is not the competent authority to decide the aforesaid application of the petitioner or categorially answers her query in writing.

The Court held that it could not be clarified on behalf of the University, as to who is the competent authority to decide the application of the petitioner or answer her query in writing. This state of affairs speaks volumes of the sensitivity of the University authorities to the quest of students with dreams to pursue higher education. As I said in my earlier order that it does not augur well for the future of the students and the University.

The Court stated that the counsels on behalf of the University have not been able to inform the Court about the competent authority to decide the grievance of the petitioner.

“The Court is left with no option but to direct the Vice-Chancellor, Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj, to appear in person before the Court and to respond on behalf of the University.

After the order was dictated, it was contended on behalf of the University that the Registrar, Uttar Pradesh Rajarshi Tandon Open University, Phaphamau, Prayagraj, shall pass an appropriate order in accordance with the law on the query of the petitioner and produce the same in Court on September 14, 2021″, the order reads./ILNS/AP/SNG

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