A.P. Sahi, J. - (1.) THESE two writ petitions are in relation to the admission of students in the B -Ed course for the Session 2008 -09 in Dulari Devi Degree College, Bindwala, Bhikampur, Deoria, which is affiliated to Deen Dayal Upadhayay Gorakhpur University, Gorakhpur. These two writ petitions concern the fate of 51 Petitioners, who have preferred the second Writ Petition No. 72555 of 2010 praying that the order of the State Government dated 14th October, 2010 be implemented and the management of the institution be commanded to acknowledge the Petitioners as valid students and further direct the University to hold the examinations of the Petitioners in view of the decision taken by the State Government. The same decision of the State Government has been assailed by the management in Writ Petition No. 70199 of 2010 contending that the order of the State Government prejudices the cause of the institution, inasmuch as, the admissions are sought to be made in the Session 2010 -11 in relation to the same students in terms of the decision of the High Court in Writ Petition No. 677 of 2010 decided on 3rd July, 2010, whereas the institution has already proceeded for counselling of fresh students in the Session 2010 -11. According to the management this would result in a contradictory position, inasmuch as if the seats for the Session 2010 -11 are to be filled up through fresh counselling then in that event any admission under the order dated 14th October, 2010 would exceed the intake capacity of the institution which would be contrary to the NCTE norms.
(2.) LEARNED Counsel for the management submits that on the one hand students who are Petitioners in Writ Petition No. 72555 of 2010 have filed a contempt petition and are pressing the refund of the fees as well as other benefits under the judgment dated 3rd July, 2010 and on the other hand, the State Government is compelling the institution to take their admissions. The State Government, therefore, has passed the order dated 14th October, 2010 oblivious of the aforesaid complex situation and, therefore, the impugned order deserves to be set -aside. It is also contended that so far as the institution is concerned, if the order dated 14th October, 2010 is directed to be complied with then in that event, the Petitioner institution cannot be compelled to refund the fees. Inasmuch as if the students had been admitted to some other institution as per the directions dated 3rd July, 2010, they would have to pay the said fees and accordingly there is no occasion for the institution to refund the same, if the order dated 14th October, 2010 is to be maintained. Sri Rizwan Ali Akhtar, learned Counsel for the National Council for Teachers Education points out that for the Session 2008 -09, the issue has been clarified in the judgment dated 3rd July, 2010 and it is evident that for the said session, the National Council had not granted any recognition to the institution. He, therefore, submits that the institution cannot claim any benefit so far as that session is concerned, even though the students may be directed to be adjusted as there was no fault on their part.
(3.) SRI B.D. Madhyan, learned Senior Counsel for the University submits that the academic session 2009 -10 had been declared a zero session and so far as the students are concerned, this Court in a Division Bench judgment in Special Appeal No. 1216 of 2010 and 1223 of 2010 has already taken a decision allowing the students to appear in the examinations treating their admissions to be valid.;