PRADEEP 'KANT,SHABIHUL HASNAIN,J - (1.) THIS is a bunch of writ petitions filed by private and unaided institutions, who have been duly granted recognition by the NCTE and affiliation by the concerned University, for running B.Ed. Course.
(2.) THE institutions are aggrieved by the action of the respondents in not allowing the students admitted within the sanctioned strength, to appear in the examinations for the Academic Session 2006 -07, for the reason that the student were admitted by the institutions themselves, on the basis of the merit obtained in the last qualifying examination. Attention of the Court has been drawn to the orders passed by the Apex Court, wherein similar controversy engaged the attention of the Court in bunch of Special Leave Petitions, namely, Special Leave to Appeal (C) No. (s) 12864 -12867/2008 being the leading petitions, and .the Court passed the following orders: "The stand of the State of Uttar Pradesh and the University have statec that they are going to hold examination for the students admitted in 2005 -06 of Purvanchal Vishwavidyalaya and in 2006 -07 of Agra and Meerut Universities. In view of this stand, learned Counsel appearing on behalf of the petitioners are permitted to withdraw these petition and the same are accordingly disposed of leaving the question law open to be decided in an appropriate case."
(3.) A Division Bench of this Court in Writ Petition No. 6219 (MB) of 2009, Pt. Kundan Lal Shukla Mahavidyalaya v. State of U.P. and -others, had issued directions for permitting so admitted students to appear in the examinations but on a reference being made to the Full Bench in the case of Tuples Education Society and another v. State of U.P. and others, decided (Writ Petition No. 34114 of 2007) on 31.3.2008, the Full Bench did not allow the appearance of the students in the examinations. The matter was taken to the Apex Court where the State Government gave an affidavit that they were willing to hold the examination of all these students. It was thereafter that the aforesaid order was passed by the Supreme Court.;