N.L. Ganguly, J. - (1.) BY this petition, the Petitioner prayed for a writ of mandamus commanding the Respondents to provide admission to the Petitioner in B. Ed, course at the Kanpur University for the year 1990 -91. The entrance examination was held in the month of July, 1900. The Petitioner and large number of other candidates had appeared in the said entrance examination. The result of the candidates selected for admission to B. Ed. course for 1990 -91 was published in the daily news paper Aaj, Kanpur on 25th September, 1990. The roll number allotted to the Petitioner was 9974 and the said roll number was shown in the list of selected candidates. Another list of students in the waiting list was also published in the said news paper. Inspite of the Petitioners' name in the list of selected candidates, the University Authorities refused to give admission to the Petitioner to B. Ed. course. The Petitioner, thus, filed the present writ petition.
(2.) THE Petitioner has annexed copy of the Gazette dated 5th May 1987 prescribing rules, regulations for admission to B. Ed. course. The paragraph Nos. 12 and 13 of the said Gazette publication was pointed out by the learned Counsel for the Petitioner to indicate that the rules provided that after the entrance test for the admission to the B. Ed. course, a list was to be prepared by the University Authorities showing the names of such students selected and eligible according to merit for admission to the said course. It was shown that the rules provided that in two compulsory papers, minimum 40 per cent marks in each was necessary for admission in the B. Ed. course. The Petitioner submitted that his name was shown in the list of selected candidates and a number of students, who had obtained lesser marks than the Petitioner, were given admission to the B. Ed. course and he was discriminated. At the initial stage, the court was pleased to issue interim direction on 23rd April 1991 to the Respondents for giving provisional admission to the Petitioner to B Ed. course and time was given to the learned Standing Counsel for the Kanpur University for filing the counter affidavit. Inspite of the interim direction, the Petitioner was not given the provisional admission to B. Ed. course. The counter affidavit was filed along with the application for vacating the interim order on 29 -7 -91. The rejoinder affidavit has been filed.
(3.) SINCE the counter and rejoinder affidavits have been exchanged, between the parties, I propose to decide the writ petition finally on merits, according to rules of court.;