- (1.) All these appeals arise out of the common judgment dated 16.7.2009 passed by a learned Single Judge in Review Petition No. 373 of 2005 and Writ Petition No. 5208 of 2005.
(2.) In view of the order, which we propose to pass in these appeals, we do not consider it expedient to give in detail the facts of the case. Suffice it to say that writ petitioner-respondent No. 1 herein, filed the writ application, inter alia, praying for issuance of a writ in the nature of mandamus commanding the Chhatrapati Sahuji Maharaj University, Kanpur (hereinafter referred to as 'the University') to declare the result of the writ petitioner's B.Ed. Examination of 2004 and thereafter to issue fresh mark-sheet to her. The writ application came up for consideration before the learned Single Judge on 21.11.2005, and he dismissed the writ application with cost. While dismissing the writ application, he observed as follows: Accordingly, the reliefs claimed by the petitioner in the instant writ petition are similar in nature to that claimed by the petitioner in earlier writ petition, which was numbered as Civil Misc. Writ Petition No. 40139 of 2004 and under Chapter XXII Rule 7 of the Allahabad High Court Rules, it has been abundant clear that where an application has been rejected, it shall not be open for the applicant to make a second application on the same facts and against same cause of action and as such writ petition is not maintainable.
(3.) Thereafter the writ petitioner preferred a Review Petition No. 373 of 2005 and by a common judgment and order, the review petition as also the writ application have been allowed and direction has been given to the University to issue mark-sheet of B.Ed. Examination-2004 to the writ petitioner, within a stipulated period.;