Court No. - 1 Case :- MISC. BENCH No. - 306 of 2010 Petitioner :- Beacon Institute Of Technology Meerut Thru Secy. Sharad Kuma Respondent :- State Of U.P. Thru Prin. Secy. Higher Education & Ors. Petitioner Counsel :- Mukund M. Asthana Respondent Counsel :- C.S.C.,W.U. Ahmed Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Notice on behalf of respondent no.1 has been accepted by the learned Chief Standing
counsel and on behalf of respondent nos. 2, 3 and 4 notice has been accepted by Sri
Waseeq Uddin Ahmad.
There is a complete agreement at the bar that the controversy raised and issue involved
in the present writ petition are squarely covered by the Division Bench judgment of this
Court passed in Writ Petition No. 3 (MB) of 2009.
With the consent of the parties’ counsel, the writ petition is being disposed of finally
with the direction that the benefit of the aforesaid judgment passed in the said writ
petition decided on 5.1.2009 shall be made available to the petitioner of the present writ
petition also.
Office is directed to issue a copy of the order passed in Writ Petition No. 3 (MB) of
2009 also while issuing a certified copy of this order.
Before parting, we take into consideration the fact brought into notice by Sri Waseeq
Uddin Ahmad that examination for academic session 2007-08 with respect to the
students, who were allowed to appear in pursuance of the order passed by the Court in
the aforesaid Writ Petition No. 3 (MB) of 2009 and other similar matters have already
been held and, therefore, it will not be practically possible to hold the examination only
for the present institution again.
Since the petitioner institution has approached this Court after the examination have
already been held, we clarify that the benefit of the order aforesaid would be available
to the petitioner institution in case any examination is to be held again, the present
institution shall be given benefit as has been given to other similarly situated
institutions.
It is made clear that the benefit of this order would be available to the petitioner, only if
the petitioner was having affiliation for the academic session, for which the students
have been allowed to appear in the examination. In case the affiliation does not exist or
subsist for the said academic session, this order would be of no use to the petitioner.
Order Date :- 18.1.2010
Sachin