.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

******************

appeal for relief of the legitimate right of admission

On Behalf of

1. Rahul Kumar Upadhyay

................PETITIONERS/APPLICANTS

IN
MISC. WRIT PETITION NO._______OF 2018
(Under Article 226 of the Constitution of India)

(DISTRICT: ALIGARH)

1. Rahul Kumar Upadhyay

................PETITIONER

VERSUS

1. ALIGARH MUSLIM UNIVERSITY

Through REGISTRAR (AMU),
U.P.

...........................RESPONDENT

To,
 The Hon’ble Chief Justice and his other companion

Judges of the aforesaid Court.

The humble application of the above named

applicants/petitioners most respectfully showeth as under:

1. That the full facts, reasons and circumstances have been

elaborated in the accompanying writ petition, which may be

treated as a part of present application.

2. That in view of the facts and circumstances elaborated in the

accompanying writ petition, it is expedient to secure the ends

of justice that this Hon’ble Court may graciously be pleased to

direct the respondents not to deny the admission in the desired

course for which petitioner was seeking for im the session

2017-2018.

PRAYER

It is, therefore, most respectfully prayed that this

Hon’ble Court may graciously be pleased to direct the

respondents not to deny the right of petitioner to study in the

desired course as per the merit,as per rules and as the

judgement announced in the Case no.8366/1031/2017 by

COURT OF CHIEF COMMISSIONER FOR PERSONS WITH

DISABILITIES dated 09/04/2018 , under Section 75 of

Rights of Persons with Disabilities Act 2016 which mandates

the CCPD to look into the complaints inter-alia with respect to

deprivations of Rights of persons with disabilities, for non

implementation of Sections 32 , 39 during the admission

process in MBA programme in 2017-2018 session by the

Respondent, otherwise petitioner shall suffer irreparable loss

in his career.

And/or pass such other and further orders which this

Hon’ble Court may deem fit and proper under the facts and

circumstances of the case.

Dated : ____/08/2018 (xxx)

Advocate
Counsel for the Petitioners/Applicants
 Roll of Advocate’s No.
Chamber No.-,
High Court, Allahabad
Mobile No.:
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
******************

MISC. WRIT PETITION NO._______OF 2018

(Under Article 226 of the Constitution of India)

(DISTRICT: ALIGARH )

1. RAHUL KUMAR UPADHYAY

Having address at VILLAGE ASNA AJEETPUR MATHURA
ROAD ALIGARH 202001

................PETITIONER

VERSUS

1. ALIGARH MUSLIM UNIVERSITY

Through REGISTRAR (AMU),
U.P.
...........................RESPONDENTS

To,

The Hon’ble Chief Justice and his other companion

Judges of the aforesaid Court.

The humble petition of the above named petitioners

most respectfully showeth as under:

1. That this is the first writ petition before this Hon’ble Court on

behalf of the petitioner for the relief claimed herein below and

no other writ petition or any other writ petition has been filed
 by the petitioner before this Hon’ble Court and neither has

the petitioner instructed anyone to file writ petition on his

behalf for the same relief before this Hon’ble Court.

2. That till date, the petitioner have not received any caveat

application by the respondents in the present writ petition.

3. That by the means of present writ petition, the petitioners are

challenging the legality and validity of the denial of the

admission in MBA 2017-18 session despite securing

second highest marks(59) in the entrance examination of

the same. Multiple applications in the form of requests were

made to the respondents by the petitioner to recheck the

miscalculations made by the university to consider his claim

for admission . the photocopy of the numerous applications

are being filed with ANNEXURE NO.-1 to this writ petition.

4. That the petitioner filed his first RTI to Aligarh Muslim

University on 1st july 2017 for knowing his status in the merit

of written examination for the aforesaid course. reply by the

respondent showed only 3 candidates were called and

offered admission by the respondent.

5. That the petitioner then filed many applications from

controller (admissions) to hon’ble Vice Chancellor but no

 response was been delivered to his applications (except one

filed on 31st July 2017 and got a delayed response on 28 th

September 2017).

6. That the petitioners are left with no alternative,

efficacious and speedy remedy except to invoke the

extraordinary writ jurisdiction of this Hon’ble Court

under Article 226 of the Constitution of India inter alia

on the following amongst other grounds :-

GROUNDS

I. Because the applications of the petitioner was been

communicated to the respondent much before the last

date of admissions in session 2017-2018 and the loss

was intentionally done by the respondent (Aligarh

Muslim University ) despite of the 8 seats were lying

vacant and no other candidates were allowed except 2

who are far below in the merit of reservation against

persons with disabilities category.

II. Because of violation of Section 39 of Rights of Persons

with Disabilities Act,2016 which statutory obligated all

government institutions/universities to fill all seats

 reserved for Persons with Disabilities if PwD candidates

are available as per the norms of the Act.

III. Because the admission process in MBA 2017-18

session violated their own rules as prescribed in the

guide to admissions(2017-2018) of Aligarh Muslim

University as furnished by the respondent on record in

the court of Chief commissioner for persons with

disabilities.

IV. Because the University has intentionally deprived the

legitimate right of the petitioner/complainant for his

admission to MBA course despite of securing 2 nd

highest marks(59) in the entrance test.

V. Because the contempt of the order of chief

commissioner for persons with disabilities.

PRAYER

It is, therefore most respectfully prayed that this Hon’ble

Court may graciously be pleased to:-

(i) Issue a writ, order or direction in the light of justice so

that university either admit the petitioner in MBA course for

session 2017-18 or compensate the irreparable loss and

harassment done by the university who intentionally delayed

the case despite of knowing and mentioning the rules.

(ii) Issue a writ, order or direction in the nature of

mandamus directing and commanding the respondents not to

harass the petitioner/complainant for the mistake and

violation of the rules committed by the university.

(iii) Issue any other writ, order or direction which this

Hon’ble Court may deem fit and proper under the facts and
circumstances of the case.

(iv) Award the costs of the case in favour of the petitioner.

Dated : ____/08/2018 (_________________)

(RAHUL KUMAR UPADHYAY)
Petitioner
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
******************
DATES AND EVENTS

IN

CRIMINAL WRIT PETITION NO._______OF 2018

(Under Article 226 of the Constitution of India)

(DISTRICT : ALIGARH)

1. Rahul kumar Upadhyay

................PETITIONER

VERSUS

2. Aligarh Muslim University

...............................RESPONDENT

S. No. Date Event

1 July 1st First RTI filed for candidates selected for
2017 interview/GD for MBA 2017-18 session
2 July 18th Response of RTI disclosing marks of selected
2017 candidates
3 July 31st Second RTI filed by petitioner to know his
2017 status of marks and merit in entrance test and
apply a request to hon’ble Vice Chancellor of
Aligarh Muslim University.
st
4 AugustFiledf
1 Filed a case in court of CCPD New Delhi.
2017
5 August 28th Response of RTI showing petitioner at 2 nd
2017 highest position in the entrance exam of MBA
6 September Sent a reminder to Hon’ble Vice Chancellor
18th 2017 regarding application EOTR.1172 filed on 31 st
july 2017 to get some satisfactory response.
Dated : ____/04/2017 (ALOK RANJAN MISHRA)
Advocate
Counsel for the Petitioners/Applicants
Chamber No.-24, High Court, Allahabad
Mobile No.: 9839955635
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
******************
INDEX

IN

CRIMINAL MISC. WRIT PETITION NO._______OF 2017

(Under Article 226 of the Constitution of India)

(DISTRICT :FATEHPUR)

1. Abc …PETITIONERS

VERSUS

State of U.P. and others...............................RESPONDENTS

Sl. Particular Dates. Ann. P.No.

1. Dates and Events.

2. CCPD order 09.04.2018

3. Writ Petition
(U. Article 226 of the Constitution of India)

4. The true copy as well 28.08.2017 1

as photocopy of the
RTI as proof of merit.

5. Record of proceedings 21.11.2017 2

by CCPD
6. 3
7. 16.03.2017 4
8. 16.03.2017 5
9. 16.03.2017 6
10. 7
Colly
11. 8
Colly
12. 9
colly
13. 10
Colly
14.
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
******************
AFFIDAVIT
IN

CRIMINAL MISC. WRIT PETITION NO._______OF 2017

(Under Article 226 of the Constitution of India)

(DISTRICT : FATEHPUR)

1. Abc …PETITIONERS
VERSUS

State of U.P. and others...............................RESPONDENTS

Affidavit of
___________i, S/o Mr.
,Having address at ____

Religion-________,
Occupation-Development
Professional

(DEPONENT)

I, the deponent above named do hereby solemnly

affirm and state on oath as under:

1. That the deponent is the sole petitioner in the aforesaid

writ petition and as such he is well conversant with the facts
deposed to below.

2. That the full facts, reasons and circumstances have

been disclosed in the accompanying writ petition.
 That the contents of paragraph nos. 1 and 2 of the

affidavit and the contents of paragraph nos._____________

_________________________________________________

_________________________________________________

___________of the writ petition are true to my personal

knowledge and those of paragraph

nos._____________________________________________

_________________________________________________

_____________________________of this writ petition are

true on the basis of perusal of papers and those of paragraph

nos.____ _____________________of this writ petition based

on legal advice and those of paragraph

nos.______________________ of this writ petition on

perusal of information received, which all I believe to be true :

no part of it is false and nothing material has been concealed.

SO HELP ME GOD

(DEPONENT)

I, Advocate, High Court to hereby declare that the person

making this affidavit and alleging himself to be the deponent

is known to me on the basis of perusal of papers in his

possession..

ADVOCATE
 Solemnly affirmed before me on this_____day of April,

2017 at .......a.m./p.m. by the deponent, who has been

identified by the said Advocate.

I have satisfied myself by examining the deponent that

he understood the contents of this affidavit, which has been

read and understood by the deponent.

OATH COM