HAJI ISMAIL DEGREE COLLEGE Vs. STATE OF U P
LAWS(ALL)-2011-5-33
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on May 18,2011

HAJI ISMAIL DEGREE COLLEGE Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Heard Counsel for the Petitioner, Counsel for the University and State Counsel.
(2.) Aggrieved by the arbitrary and unwarranted action of the authorities of Dr Ram Manohar Lohia Avadh University [in short referred to as the 'University'] in not conducting the examination of B. Ed. Course for the session 2009-10 of the Petitioner institution and as such this writ petition has been preferred by the Institution.
(3.) Counsel for the Petitioner has pointed out that on 15.10.2009, by amending para 7 of the U.P. State Universities (Regulation of Admission to Courses of Instruction for Degree in Education in Affiliated Associated Colleges) Order, 1987 the State Government has declared 2009-10 session for B. Ed course as Zero Session. The said Government Order dated 15.10.2009 was assailed in writ petition bearing Nos. 11617 (MB) of 2009 by St. Andrews College, when the said order was being extended on the minority institution. A Division Bench of this Court passed an order on 21.12.2009 that the order will not come in the way in getting the examination conducted for the Academic Session 2009-10 with regard to the minority institution. The Court further directed the State Counsel to provide details of other minorty institutions, which may be entitled for same order, so that the multiplicity of the litigation be avoided. It has clearly been pointed out that the Petitioner is also one of the minority institutions and as such the Government Order dated 16.10, 2009, is not applicable.;


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