Court No. - 39 Case :- WRIT - C No. - 3658 of 2010 Petitioner :- Y.M.S. Degree College Mandi Dhanaura, Dir. Dr. S.A.A. Rizvi Respondent :- State Of U.P. And Other Petitioner Counsel :- Siddharth Khare,Ashok Khare Respondent Counsel :- C.S.C.,R.A. Akhtar,Vivek Verma Hon'ble Dilip Gupta,J.
The petitioner-Institution which is a minority Institution, running
the B.Ed. Courses has filed this petition for quashing the
Government Order dated 15th October, 2009 issued for declaring
Session 2009-10 as Zero Session.
It is contended by Sri Ashok Khare, learned Senior Counsel
appearing for the petitioner that the petitioner-Institution is a
minority Institution which has been taking admission in the past in
the B.Ed. classes of its own and not from the list of the selected
candidates from the Common Entrance Test conducted by the
Universities and the Government Order dated 15th October, 2009
which has been issued under Section 28(5) of the Uttar Pradesh
State Universities Act, 1973 will not apply to the petitioner-
Institutions as the minority institutions are exempted under the
Act. He has also placed reliance upon an interim order passed by
the Division Bench of the Lucknow Bench of this Court in Writ
Petition No.11617 of 2009 which is as follows:-
“Notice on behalf of the respondent no. 1, has been accepted by
the learned Chief Standing Counsel and Sri Sandeep Dixit has
accepted notices on behalf of the respondents no. 2 and 3.
The claim of the petitioner is that the present institution is a
minority institution, who has been taking admissions in the past,
and has taken admissions for B.Ed. classes of its own and not from
the list of the selected candidates from the Common Entrance Test
conducted by the Universities and that the Government Order
dated 15.10.2009, which, in fact, amends Para -7, of the U.P.
State Universities (Regulation of Admission to Course of
Instruction for degree in Education in Affiliated, Associated and
Constituent Colleges), Order, 1987, would not come in their way
as the aforesaid order has been issued in exercise of the power
conferred on the State Government under Section 28 (5) of the
State Universities Act, which exempts its applicability to minority
institutions.
Learned Counsel for the respondents could not justify the action of
the respondents declaring zero session (academic session 2009-
10) for such minority institutions as that of the petitioner.
We, as an interim measure, provide that the students admitted by
the petitioner institution in the present academic session shall
continue to study and the aforesaid order of 1987, as amended by
the Government Order dated 15.10.2009, shall not come in its way
in getting the examination conducted for the academic session
2009-10.
On the request of Sri D.K. Upadhyaya, let a counter affidavit be
filed by the respondents within a period of three weeks and he
shall also provide details of other minorities institutions, who may
be entitled for the same order so that multiplicity of writ petitions
be avoided.
List on 7.1.2010, as fresh.”
He has also place reliance upon the interim order dated 7th
January, 2010 passed by this Court in Writ Petition No. 70664 of
2009.
Connect with Writ Petition No. 70664 of 2009.
The matter needs to be examined.
Learned Standing Counsel appears for respondent no.1.
Respondent no.2 is represented by Sri Vivek Verma while
respondent no.3 is represented by Sri R.A. Akhtar. They pray for
and are granted four weeks’ time to file the counter affidavit.
Rejoinder affidavit, if any, may be filed within two weeks’
thereafter.
List this petition for admission/hearing immediately after the
expiry of the aforesaid period.
In the present case, as the petitioner-Institution has not taken
admissions to the B.Ed. Course, it is provided that till the next date
of listing, the Government Order dated 15th October, 2009 shall
not be made applicable to the petitioner-Institution.
Order Date :- 27.1.2010
GS