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2013 DIGILAW 1568 (MP)

Chitransh Amulya Dutta P. G. College v. State of M. P.

2013-12-18

A.K.SHRIVASTAVA, VIMLA JAIN

body2013
JUDGMENT Vimla Jain, J. The order passed in this petition shall also govern the disposal of W.P. No.14198/2013 (Chanakya Mahavidyalaya v. State of M.P. & Ors.), W.P. No.14043/2013 (Vikramaditya College vs. State of M.P. & Ors.), W.P. No.13949/2013 (Bhoj Mahavidyalaya v. 2 W.P. No.13692/2013 State of M.P. Ors.), W.P. No.13578/2013 (Rajeev Gandhi College v. State of M.P. & Ors.) and W.P. No.21486/2012 (Rajeev Gandhi College v. State of M.P. & Ors.) since common question is involved as to whether in absence of any statutory provision in the Ordinance of Barkatullah University to admit the suitable candidates for the admission of professional and non-professional courses, whether the candidature of the petitioner-institution can be rejected solely on the ground because they have not applied for online admission. Indeed in all the matters, interim order was passed by this Court on 08.08.2013. 2. Return has been filed by all the respondents. 3. Learned counsel for Barkatullah University in his usual vehemence argued that specifically it has been mentioned in the prospectus of the Barkatullah University that applications were invited for online admission. However, facing the tight situation, learned counsel for petitioner submitted that it is only a prospectus but there is nothing in the Ordinance in that regard. 4. We have gone through the averments made in the return as well as relevant provision of Ordinance filed as Annexure-R(4)/4 of the return of respondent no.4 and despite full efforts learned counsel for Barkatullah University could not point out that there is any such provision. Since there is no statutory provision in that regard, we do not have any option except to allow this petition directing the respondent no.4 Barkatullah University to extend the time for making admissions to the professional and non-professional courses at the graduate and post graduate level and let a writ of mandamus be issued. 5. Resultantly, this petition and connected writ petitions succeed and are hereby allowed. Let a writ of mandamus be issued. Let a copy of this order be kept in all connected petitions.