- (1.) Writ Petition No. 50029 of 2009 has been filed on 15th September, 2009 by Anjuman Upadhayay for a direction upon the Principal, District Institute of Education and Training, Jaunpur (hereinafter referred to as the 'Principal') to permit the petitioner to appear at the First Semester B.T.C-2004 Examination scheduled to commence from 25th September, 2009. Writ Petition No. 57384 of 2009 has been filed by Guru Priya Singh, for a direction upon the Principal to cancel the admission of Anjuman Upadhayay and to admit her to the B.T.C. 2004 Course.
(2.) Writ Petition No. 57384 of 2009 was connected with Writ Petition No. 50029 of 2009 by the order dated 30th October, 2009 and both the petitions have, accordingly, been heard together.
(3.) The stand taken by Anjuman Upadhayay in the petition filed by her is that pursuant to the advertisement inviting applications for selection to the B.T.C. 2004 Course, she submitted an application claiming reservation under the Sports Category and the result was declared on 7th January, 2009. Three lists were notified with cut-off marks and on the basis of her merit, the Principal issued a letter dated 12th February, 2009 asking her to report for counselling on 16th February, 2009. On the basis of the counselling held on 16th February, 2009, she was selected and was given admission in B.T.C. 2004 Course. The First Semester Session started in February, 2009. On 8th September, 2009, the examination forms of the First Semester Examination were distributed to all the other admitted candidates but as it was not supplied to her she filed the petition and on 17th September, 2009, when the petition was taken up, the Court passed the following order: It is the contention of the petitioner that the petitioner was selected and admitted to the B.T.C.-2004 Batch and the first semester of the said Batch started in 2008-09. This was done on 16th February, 2009. The Examination of the first semester are to commence from 25th September, 2009 but the petitioner has not been permitted to fill the examination form which has been filled by other students on 9th September, 2009. According to the petitioner, there is no infirmity in the admission of the petitioner and all her certificates had been examined. As the examination are to commence from 25th September, 2009, the petitioner may provisionally be permitted to appear at the first semester examination but the result shall not be declared. It is made clear that the appearance at the first semester examination is purely provisional and shall be entirely dependent upon the decision of the writ petition. Learned Standing Counsel appears for respondent Nos. 1, 3 and 4. Sri Prahalad Kumar Bhardwaj appears for respondent No. 2. They pray for and are granted three weeks' time to file the counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. List this petition for admission/hearing on 26th October, 2009.;