JUDGMENT S.K. Dhaon, J. - On 15th June, 1990, the petitioner approached this Court by means of this writ petition. The principal prayer made was that the Gorakhpur University, the respondent No. 1 (hereinafter referred to as the University) may be commanded to issue admit cards to the students of B.A. Part I and B.A. Part II of the petitioner institution so as to enable them to appear in the examination which was to commence with effect from 18th June. 1990. 2. Affidavit have been exchanged between the parties. The petition, though not formally admitted, is fully ripe for hearing. Therefore, with the consent of learned counsel for the parties, this petition is being disposed of finally. 3. The material averments, which have emerged after the exchange of affidavits, are these Sri Rainath Brahmadeo Shiksha Samiti runs the Rainath Brahmdeo Mahavidyalaya (hereinafter referred to as the Institution). The Institution prepares students for appearing in the examinations so as to secure the degree of Bachelor of Arts. The Institution made an application for being affiliated to the University but no orders were passed thereon and the application is still pending consideration of the University. The Institution admitted students in the B.A. Part I class for the session 1988-89 and those students were permitted to appear as private candidates in B.A. Part I examination through another institution. Out of these students 30 passed the B.A. Part I examination and promoted to prosecute their studies in the B.A. Part II class. For the session 1989-90, 270 students had been admitted as regular students in the B.A. Part 1 Class. Out of the 270 students 30 students were female students. The University refused to accept the examination forms of the students who were desirous to appear in the B.A. Part as well as B.A. II examination. On 15th June, 1990, this Court passed an interim order of the following effect: "The respondent is directed to permit 270 students of B.A. Part and 30 students of B.A. Part II of Rainath Brahmadeo Mahavidyalaya, Salempur district Deoria to appear in the examination which is to commence from 18.6.1990. The admit card may be provisionally issued lo them forthwith. However, the result of the examination will be subject to the result of the writ petition." 4. The admit card may be provisionally issued lo them forthwith. However, the result of the examination will be subject to the result of the writ petition." 4. In the counter-affidavit filed on behalf of the University it is slated that, in fact, the examination commenced with effect from 14th June, 1990. In spite of the above quoted interim order passed by this court on 15th June, 1990, the University did not permit the 270 students to appear in the 3. A. Part I examination and the 30 students to appear in the B.A. Part II examination. A contempt petition No. 509 of 1990 was presented in this Court on 11th July, 1990 with the allegation there in that the University had willfully disobeyed the aforequoted order passed by this Court. Notices were issued in the said petition and under the orders of the Hon'ble Contempt Judge that petition, namely, contempt petition No. 509 of 1990, is also before me. 5. Learned counsel for the University has rightly urged that the Institution to having been recognised as an affiliated College of the University, could not, in law, either admit students as regular students either to the B.A. Part I Class or to the B.A. Part II Class or forward their forms to the University so as to enable them to appear/in the examination as regular students. However, it does appear from a perusal of the record that the matter was placed before the Vice Chancellor of the University and she, on 19th May, 1990, permitted the students of the Institution to appear as private candidates. On 28th May, 1990, some money, as alleged in the petition, was deposited along with the forms in the University. There is a dispute about the quantum and, therefore, I am not adjudicating upon the same. Sri Dilip Gupta urges that it is implied in the order of the Vice Chancellor that she has permitted the students of the Institution to appear in the examination as private candidates in accordance with law and it meant that their application should have been forwarded through an affiliated college. In view of the order I am proposing to pass, I do not consider it necessary to go into this controversy also. 6. At the moment, I am not concerned with the conduct of the petitioner Institution. In view of the order I am proposing to pass, I do not consider it necessary to go into this controversy also. 6. At the moment, I am not concerned with the conduct of the petitioner Institution. I am deliberately refrain from making any comment on that aspect of the matter. We are really concerned with the fate of the large number of students who, admittedly, were admitted by the petitioner Institution to the B.A. Part I and B.A. Part II Classes as regular students. These students, for reason already stated, were not permitted to appear in the main examination which commenced from 14th June, 1990. That examination, I am informed, is substantially over and it will come to an end on 24th August, 1990. Therefore, no direction can be issued to permit die said students to appear in the main examination. 7. Now, the only manner of giving redress to the aforesaid students is to direct the University to hold a supplementary examination. Sri Gupta contends that the students can be permitted to appear as private candidates even at the supplementary examination provided their forms are duly forwarded B.A. affiliated college. Sri A.N. Srivastava, learned counsel for the petitioners, submits that probably now no affiliated college will be prepared to forward the forms of the said students. This courts not in a position to give a direction to any affiliated college to accept and forward the forms of the aforesaid students to the University as no such college is a party to the present proceedings. However, the technical defect put forward by Sri Gupta can be got over, in view of the peculiar circumstances of the case, by issuing as direction to the University to accept the forms from each of the students aforementioned directly so as to enable them to appear in the supplementary examination as private candidates. Accordingly, I direct the University that in case all or any of the aforementioned students submit their forms to the University in the proper manner and also furnish the requisite fee, the authority concerned shall accept the forms and permit such of the students who submit their forms to appear in the supplementary examination of either B.A. Part I or B.A. Part II. It goes without saying that the authority concerned shall have every right to scrutinise the forms of each candidate and satisfy itself as whether he or she had been admitted as a regular student to the petitioner Institution. The students concerned shall submit their forms to the university concerned within a period of three weeks from today. Thereafter the University shall endeavour to hold a supplementary examination, if no such examination is being held for the other students, as early as possible but not later than a period of four months from the date of production of a certified copy of this order before the relevant authority. The University shall ensure that the relevant forms are made available to the students concerned within a period of one week from the date of production of a certified copy of this order by the petitioners before it. 8. Sri A.N. Srivastava made a prayer that this Court should issue a direction to the university to refund to the petitioner institution the money already deposited. I am not prepared to issue any such direction right now. However, I make it clear that it will be open to the petitioners to make proper application to the University for the refund of the amount, if any deposited by them, thereafter the University will dispose of the application on merit and in accordance with law as expeditiously as possible. I may repeat that this order has been passed by me keeping in view the interest of the students alone. This order will not be used as peace dent either in any other case or in future by the petitioner institution. 9. The petitioner application seeking its affiliation to the University will also be considered on merits and in accordance with law as expeditiously as possible. 10. The contempt petition can be disposed of on the short ground that this court had directed the University to permit the students to appear in the examination which was to commence on 18th June, 1990, where as now in view of the admitted position it is apparent that the aforementioned examination has commenced on 14th June, 1990. It is, thus, clear that the examination had commenced even before this Court passed the interim order. In these circumstance, It cannot be said that the University wilfully disobeyed the order of this Court. It is, thus, clear that the examination had commenced even before this Court passed the interim order. In these circumstance, It cannot be said that the University wilfully disobeyed the order of this Court. The notice calling upon the University to show cause as to why action should not be taken against it for wilfully disobeying the order of this court is hereby discharged. 11. With these directions, the writ petition is disposed of finally. 12. A certified copy of this order may be given to the learned counsel for the petitioners on payment of usual charges on 16th August, 1990.