A.P. Sahi, J. - (1.) THE Petitioners have made a prayer that the results of the Petitioners as modified under the impugned notification dated 21st April, 2010 and communicated through the impugned communication dated 22nd April, 2010 be quashed.
(2.) ALL the Petitioners sought admission in Himalaya Ayurvedic Maha Vidyalaya, Bareilly to receive education in the course of BAMS (Ayurvedacharya). The said institution admittedly had temporary affiliation for the Session 1996 -97 & 1997 -98. It has not been granted any affiliation thereafter. The institution came before this Court along with another similarly situated institution by filing Civil Misc. Writ Petition No. 12643 of 2000 contending that temporary affiliations had been granted earlier but the State Government had been denying permanent affiliations. The following order was passed on 11th September, 2002: Heard the learned Counsel for the parties. Until further orders we direct that the students of Petitioner No. 1 shall be permitted to appears in B.A.M.S. examination, and the results of these who have passed shall be declared, but this shall be subject to final decisions of the writ petition. The writ petition came up for final hearing and was admittedly dismissed vide judgment dated 13th May, 2003. The matter was taken up to the Apex Court and the Apex Court affirmed the judgment of the High Court but allowed the civil appeals that had been filed by 23 students of the 4th year whose names had been referred to and indicated in the inspection report dated 12th August, 1995. The Apex Court further directed that in such special circumstances, the University shall declare the results of 23 candidates as referred to therein and the same shall not be treated as a precedent in future case.
(3.) THE judgment of the Apex Court was delivered on 23rd June, 2006 and it appears that the results were declared on 20th of August 2006. While declaring the results, the names of the Petitioners, who are 16 in number, were also included in spite of the fact that they did not fall within the 23 students whose results had been directed to be declared by the Apex Court.;