[Student Died On College Campus Due To Electric Shock] Allahabad HC Recalls Dismissal Order As It Could Not Hear Petitioner Amid Pandemic [Read Order]

"The petition was taken up and decided during Covid-19 Pandemic when the regular working of the Court was disturbed. It appears that though the Court had perused the record and passed a final order that the petitioner himself was not heard while passing the said order.

In view of the aforesaid, in order to give opportunity of hearing to the petitioner, we consider it expedient in the interest of justice to recall the order dated 29.7.2020 and to restore the petition to its original number for hearing before the appropriate Bench," the Division Bench comprised of Justices Pankaj Mithal and Dr. Yogendra Kumar Srivastava said.

Advocate Vijay Kumar Srivastava lost his son in July 2016 to an electric shock from an electric pole situated in the campus of ABES Engineering College, Ghaziabad. He had moved the High Court seeking issuance of show cause notice to the Government of India, as to why extension of approval of the said College may not be cancelled for not fulfilling the norms laid down by AICTE.

In his plea, Mr. Srivastava informed the Court that he had first submitted his grievance to the office of the Prime Minister, disappointed whereof, he turned to the High Court.

He had submitted that the Ministry of Human Resource Development had responded to his representation in 'inhuman language' and he was 'hurt' by the stance that 'a College cannot be closed permanently on account of any accidental death of a student'.

The High Court had dismissed his plea vide order dated July 29, stating that the decision of the Ministry was based on a report submitted by a two-member Committee which examined the matter in consultation with AICTE.

It noted that the Ministry had expressed grief and pain on the death of the petitioner's son and the letter was not inappropriate. It had observed,

"The letter of the Under Secretary has to be read as a whole and not in piecemeal. The reading of a sentence of the letter out of context from the facts narrated in the letter otherwise may convey a different meaning. A reading of the said letter as a whole would reveal that no inappropriate language has been used which may be said to be offending though we understand the emotions and the sentiments of the petitioner who has lost his son to have felt a little annoyed with the same."

On Thursday, the matter was again listed before the same bench to hear the recall petition.

Noting that the Petitioner was not able to present his case due to the pandemic, the Court agreed to reopen the matter and directed that it be listed before an appropriate Bench.

Case Details:

Case Title: Vijay Kumar Srivastava v. Union of India & Ors.

Case No.: PIL No. 584/2020

Quorum: Justice Pankaj Mithal and Justice Dr. Yogendra Kumar Srivastava

Appearance: Petitioner in Person; ASGI Ajal Krishna and Vinod Kumar Rai (for Respondents)

Click Here To Download Order [July 29]

Click Here To Download Order [September 3]