JUDGEMENT
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(1.) Though in Special Appeal Nos. 717 of 2009,708 of 2009 and
179 of 2010, there is some delay, but since there is no objection, we condone the
delay.
(2.) These special appeals have been filed challenging the order passed by the
learned Single Judge dated 4.9.2009 by means of which, the prayer of the appellants
to allow them to appear in the B.Ed. examination for the Academic Session 2007-08 has been rejected.
(3.) The learned Single Judge interpreting the Government Order dated 12.8.2008
and relying upon the judgment of the Full Bench in the case of Tuples Educational
Society and another v. State of U.P. and another, 2008(4) ADJ 112 (FB): 2008(3)
ESC 1521 (FB), made an observation that the Division Bench judgment passed
by this Court on 5.1.2009 in Writ Petition No. 3 (MB) of 2009, in re: Committee of
Management, Shiv Nath Verma Smarak Post Graduate College, Dev Nagar
(Khanpur Pilai), District Sultanpur v. State of U.P. and others, and other connected
matters, being against the judgment of the Full Bench cannot be followed.;
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