- (1.) The following reliefs interalia have been claimed in the instant petition :- (i) Issue writ order or direction in the nature of mandamus, commanding the respondent no.2 to permit the petitioner to undergo her B.A.M.S. course and not to interfere in her studies in any manner. (ii) Issue further writ order or direction in the nature of mandamus directing the respondent no.2 to return back the original documents submitted by the petitioner on 29.10.2015.
(2.) On 16.11.2015, the following order was passed :- "On urgent mention made by learned counsel for the petitioner, the record was called for from the office and the matter is heard in the presence of Sri A.K. Singh, learned counsel appearing on behalf of respondents 1 and 2 and the learned standing counsel appearing for the third respondent. The case of the petitioner is that she was offered admission in B.T.C. Training Course, 2014. In pursuance thereof, she had deposited the original testimonials before the third respondent. Later on, she has also been offered admission by the Banaras Hindu University in B.A.M.S. course. The petitioner has deposited the fee with the Banaras Hindu University and she has also submitted the original testimonials with the said University after taking it back from the third respondent. However, it is claimed that the third respondent had imposed a condition that the original testimonials will be re-submitted by the petitioner before the third respondent before 14.11.2015, failing which her admission shall be cancelled. "
(3.) The further case of the petitioner is that on the other hand the Banaras Hindu University is not returning the original documents of the petitioner and she has been orally informed that her admission in the Banaras Hindu University has been cancelled. It is submitted that the Banaras Hindu University be directed to return back the original testimonials so that the petitioner may be in a position to submit the same before the third respondent so that her admission in BTC Training course, 2014 is not cancelled. Sri A.K. Singh learned counsel appearing on behalf of the Banaras Hindu University, on the basis of oral instructions received from the University has stated before the Court that on scrutiny of the document submitted by the petitioner, it transpired that the petitioner who had taken admission under the scheduled tribe category, infact does not belong to any of the scheduled tribes notified and the certificate submitted by her was found invalid. It has further been submitted that a show cause notice had already been issued to the petitioner and in such circumstances, the University is not in a position to return the original testimonials until enquiry is finalised. He prays for and is granted ten days time to file a counter affidavit disclosing the complete facts. Put up as a fresh case on 18/11/2015.;