Court No. - 1 Case :- MISC. BENCH No. - 255 of 2010 Petitioner :- Ch.Mahaveer Prasad Memorial Mahavidyalaya Hatihawan Badhpur Respondent :- State Of U.P.Through Its Prn.Secy.Higher Education & Others Petitioner Counsel :- Ashish Verma,Pankaj K.Dixit Respondent Counsel :- C.S.C.,Sandeep Dixit Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
The petitioner claims the relief of allowing the students admitted during
academic session 2007-08 by the colleges in question, to appear in the
examination.
A set of writ petitions raising the same dispute became the subject matter of
consideration by this Court, which matters were decided in Writ Petition No.
3 (MB) of 2009 In re: Committee of Management, Shiv Nath Verma Smarak
Post Graduate College, Dev Nagar (Khanpur Pilai), District Sultanpur vs.
State of U.P. and others, alongwith other connected matters on 5.1.09 laying
down the conditions under which the examination of all such students, who
are admitted in pursuance of the directives issued by the Government order
dated 12.8.08, were allowed to appear in the examinations.
We are also informed that in pursuance of the directives issued in the
aforesaid order, examinations in different Universities have already been held,
allowing the students to appear in the examination, who fulfill such conditions
as mentioned in the order and in particular, of attending classes for required
number of days.
Instant writ petition also seeks the same benefit and learned counsel for the
parties do agree that the facts and circumstances of the present case are
exactly the same.
We, therefore, direct that the benefit of judgment and order dated 5.1.09
passed in Writ Petition No. 3 (MB) of 2009 and other connected matters shall
be available to the present institution also with respect to the students
admitted under 15% NRI quota, subject to their eligibility otherwise.
Sri Sandeep Dixit on the basis of instructions says that it will take about one
month in making arrangement for the aforesaid examinations.
We, therefore, direct that the examinations be conducted within a maximum
period of six weeks from today, in accordance with law.
The writ petition is disposed of accordingly.
Office is directed to also issue a copy of the order dated 5.1.09 passed in Writ
Petition No. 3 (MB) of 2009 and other connected matters, while issuing
certified copy of this order.
Order Date :- 13.1.2010/Vks.