S.K. Dhaon, J. - (1.) On 15th June, 1990, the petitioner approached this Court by means of this writ petition. The principal prayer made was that the Gorakhpur University, the respondent No. 1 (hereinafter referred to as the University) may be commanded to issue admit cards to the students of B.A. Part I and B.A. Part II of the petitioner institution so as to enable them to appear in the examination which was to commence with effect from 18th June. 1990.
(2.) Affidavit have been exchanged between the parties. The petition, though not formally admitted, is fully ripe for hearing. Therefore, with the consent of learned counsel for the parties, this petition is being disposed of finally.
(3.) The material averments, which have emerged after the exchange of affidavits, are these Sri Rainath Brahmadeo Shiksha Samiti runs the Rainath Brahmdeo Mahavidyalaya (hereinafter referred to as the Institution). The Institution prepares students for appearing in the examinations so as to secure the degree of Bachelor of Arts. The Institution made an application for being affiliated to the University but no orders were passed thereon and the application is still pending consideration of the University. The Institution admitted students in the B.A. Part I class for the session 1988-89 and those students were permitted to appear as private candidates in B.A. Part I examination through another institution. Out of these students 30 passed the B.A. Part I examination and promoted to prosecute their studies in the B.A. Part II class. For the session 1989-90, 270 students had been admitted as regular students in the B.A. Part 1 Class. Out of the 270 students 30 students were female students. The University refused to accept the examination forms of the students who were desirous to appear in the B.A. Part as well as B.A. II examination. On 15th June, 1990, this Court passed an interim order of the following effect: "The respondent is directed to permit 270 students of B.A. Part and 30 students of B.A. Part II of Rainath Brahmadeo Mahavidyalaya, Salempur district Deoria to appear in the examination which is to commence from 18.6.1990. The admit card may be provisionally issued lo them forthwith. However, the result of the examination will be subject to the result of the writ petition.";