COMMITTEE OF MANAGEMENT, MOHINI B. MANWANI GIRLS’ DEGREE COLLEGE v. STATE OF U. P.
2009-01-16
PRADEEP KANT, SHABIHUL HASNAIN
body2009
DigiLaw.ai
JUDGMENT By the Court.—Notice on behalf of respondent No. 1 has been accepted by the learned Chief Standing Counsel and on behalf of respondents No. 2 and 3, notice has been accepted by Sri Shashi Prakash Singh. 2. With the consent of the parties’ counsel, the writ petition is being disposed of finally. This is a writ petition making a prayer that the students who have been admitted by the petitioner college for pursuing B.Ed. course be allowed to appear in the examination. The matter relates to the academic session 2007-08. 3. Sri Shashi Prakash Singh who represents the University, to which the petitioner college is affiliated, says that since the admissions to the students as per the own case of the petitioner were given some time after 12.8.2008 in pursuance to the directives issued in the government order dated 12.8.2008, therefore, such students have not completed the attendance of 180 days or 200 days, as may be prescribed, therefore, they cannot be allowed to appear in the examination, which is presently scheduled. 4. Learned counsel for the University also informed the Court that the presently scheduled examinations are being held with respect to the students who were admitted in pursuance of the first and second counselling and, therefore, the students of the petitioner institution would not be affected by the present examinations and if they are found eligible and complete all the formalities, they would be allowed to appear in the examination, which will take place with respect to the students, who were admitted in the third counselling or would be admitted in the counselling, which is yet to take place in pursuance of the orders passed by the High Court at Allahabad in Writ Petition No. 59133 of 2008. 5. Sri S.P. Shukla appearing for the petitioner apprehends that the respondents may undertake the examinations even before the expiry of 180 days from the date when the government issued the order dated 12.8.2008 and, therefore, all such students, who have been admitted in pursuance of the said order in accordance with the interim orders passed by the Court, would not be eligible for appearing in the said examination for short of attendance. 6.
6. Sri Shashi Prakash Singh says that if admissions have been provided in pursuance of the directives of this Court, there is no likelihood that for such students who have been admitted on 12.8.2008 or thereafter or who will be admitted after the counselling, as directed by the High Court in Writ Petition No. 59133 of 2008, the examinations would be held without allowing the students to complete 180/200 days, as may be required. 7. Learned counsel for the respondents raised an argument that since the counselling has been directed by the High Court at Allahabad in Writ Petition No. 59133 of 2008 for filling up the unfilled seats, therefore, any admissions made by the colleges before that counselling cannot be said to be legal. 8. We may clarify that the orders passed at Allahabad in the aforesaid writ petition obviously mean that the counselling has to be done for the seats which are still vacant and have not been filled in but if the students have already been admitted by the colleges from amongst the students who had appeared in the Common Entrance Test but could not bring themselves within the cut of marks in merit, as per the Government order dated 12.8.2008, such seats cannot be taken to be unfilled for the purpose of the counselling which has been directed by the High Court. 9. Since the present examinations are being held in respect of the students, who were admitted in the first and second counselling, the students admitted by the petitioner admittedly being not the students who have been admitted in pursuance of the first and second counselling, no cause of action appears to have arisen as yet to be aggrieved if such students are not allowed to appear in the examination. 10. In regard to the grievance of the petitioner that examination forms of these students are also not being accepted, Sri Shashi Prakash Singh says that examination forms of only those students have been accepted who were admitted as a result of first and second counselling, and when the occasion arises forms of other students would also be accepted, who are found eligible and fulfil all the requirements. 11. We clarify that the order aforesaid means that the students of the petitioner institution shall be allowed to appear in the examination when they become eligible and fulfil all the requirements, as per rules. 12.
11. We clarify that the order aforesaid means that the students of the petitioner institution shall be allowed to appear in the examination when they become eligible and fulfil all the requirements, as per rules. 12. The writ petition is disposed of accordingly. —————