Ritu Raj Awasthi, J. - (1.) NOTICE on behalf of opposite party No. 1 has been accepted by the learned Chief Standing Counsel whereas notice for opposite parties No. 2 to 4 has been accepted by Mr. Rajesh Chandra Mishra.
(2.) LEARNED Counsel for the Petitioner submitted that the Petitioner has been given the status of minority institution by the State Government. The controversy as to whether the U.P. Private Professional Educational Institutions (Regulation of admission and fee structure) Act, 2006 is under consideration before the Division Bench of this Court in W.P. No. 440 (MS) of 2010 in which by order dated 22.1.2010 as an interim measure it was provided that the students admitted by the Petitioner institution in the academic session 2009 -10 shall continue to study and the Government order dated 15.10.2009 shall not come in their way in getting the examinations conducted for the said students. It is further submitted that against the said order S.L.P. was preferred, which has been dismissed on 9.9.2011.
(3.) FURTHER , by the judgment and order dated 18.5.2011 passed in W.P. No. 1905 (MS) of 2011 it was directed that the students of the minority institutions shall be allowed to appear in the examination conducted by the University. The special appeal preferred against the said judgment was decided on 29.8.2011, in which it has been observed: In view of all the aforesaid, the position is clear that the minority institutions are a class by themselves, therefore, they are free to admit the students of their choice, of course, subject to the condition that the merits of students cannot be ignored. Moreover, in an identical case of minority institutions being Writ Petition No. 10694 (MB) of 2010 (Muslima Girls Degree College Sir Syed Nagar Moradabad v. State of U.P.) the direction given by this Bench to the university to hold examination for the session 2009 -2010 is said to have attained finality on disposal of Civil Appeal No. 7137 of 2011 on 19th August, 2011. In the premises discussed hereinabove, we do not find any infirmity in the judgment passed by learned Single Judge, which has been passed after considering the law as well as the ratio of various judgments on the point in issue namely the admission to professional courses in minority institution and holding of examination of such students for the zero session 2009 -2010.;