ASHOK BHUSHAN, J. - (1.) THESE two Special Appeals raises common question of facts and law hence are being disposed of with the consent of the parties.
(2.) WE have heard Sri Ramesh Upadhyay, Advocate appearing for the appellants in both the appeals and Sri Madhu Sudan Dixit and Sri Rahul Sahai Advocates, appearing for the respondents -writ petitioners, in these appeals. It is sufficient to note facts of Special Appeal No. 888 of 2003 to dispose of both the Special Appeals. The respondents -writ petitioners appeared in All India Engineering Entrance Examination, 2003 conducted by the Central Board of Secondary Education. The first Counselling for admitting the students took place from 10th July, 2003 to 18th July, 2003 in which the petitioner -respondent could not be allotted any seat. The all India rank of the petitioner -respondent Anu Shri Shukla was 44029 and that of Keerti Pratap Singh was 22835. The extended Counselling was held by Central Counselling Board, however, extended Counselling was not held for U.P. Candidates. The Central Counselling Board took a decision that seats if any, remaining vacant in the institution may be filled up by the Institutional Counselling subject to rank of the candidates. Seven seats in Moti lal Nehru National Institute, Technology had fallen vacant due to dropping out of the students due to various reasons. The vacancies were put up on internet and 211 candidates of the open category applied for admission in Moti lal Nehru National Institute, Technology Allahabad against seven vacancies. In the list of 211 candidates the name of the respondent -petitioner Anu Shri Shukla was at Serial No. 179 and that of Keerti Pratap Singh was at 130. The B.Tech Course in Moti lal Nehru National Institute, Technology commenced from 4.8.2003. The Moti lal Nehru National Institute, Technology, Allahabad admitted only two candidates out of first seven from the list of 211 candidates. On 26.8.2003 admission was closed by Moti lal Nehru National Institute, Technology without filling the remaining five seats. A notice to that effect was issued on 27.8.2003 that the admission has been closed on 26.8.2003 at 5.00 p.m. Writ Petition No. 38780 of 2003 was filed by the respondent Anu Shri Shukla, claiming for mandamus commanding the respondents to grant admission to the petitioner on vacant seat in Moti lal Nehru National Institute, Technology, Allahabad. The case of the petitioner in the writ petition was that her name is shown at Serial No. 179 in the list of 211 candidates who have applied against seven vacant seats. The petitioner's further case was that she went in the institution on 26.8.2003 but inspite of the fact that only two persons were admitted and five seats were vacant the petitioner was not given admission. Counter -affidavit was filed by the Director. Moti lal Nehru National Institute, Technology, Allahabad and Dean, Academic Affairs of Moti lal Nehru National Institute. Technology admitting that against seven seats vacant 211 students have applied in open category in which serial number of the petitioner was 179. In the counter -affidavit in Paragraph 7, it was stated that out of these 211 students, seven students were to be admitted on the vacant seats and till the evening of 26th August, 2003 only two students from amongst the first seven students appeared who have been granted admission. It was further stated that candidates of higher rank than the respondent have approached the institution and are still approaching for admission. It was stated that if the remaining five are to be filled up they can be filled up in accordance with merit list of 211 candidates. It was further stated that the classes have started from 4th August, 2003. It was admitted that five seats are vacant but no admission to any of the students is being granted. Rejoinder -affidavit was filed in the writ petition reiterating that five seats are lying vacant after 26th August, 2003. Learned Single Judge vide its judgment dated 12.9.2003, disposed of the writ petition directing the respondents to admit the petitioner on one of the five vacant seats on 13.9.2003 and permit her to appear at the examination scheduled to be held on 15.9.2003. Special Appeal No. 888 of 2003 has been filed by the appellant challenging the judgment dated 12.9.2003.
(3.) SPECIAL Appeal No. 1019 of 2003 has been filed against the judgment dated 25.9.2003 of the learned Single Judge by which the learned Single Judge has disposed of the writ petition filed by the Keerti Pratap Singh in terms of the judgment dated 12.9.2003, passed in Writ Petition No. 38780 of 2003, Ann Shri Shukla v. Director, Moti lal Nehru National Institute, Technology, Allahabad and others. The serial number of Keerti Pratap Singh was 130 in the merit list of 211 candidates who had applied against seven vacant seats for Institutional Counselling. It is relevant to note that the writ petition was allowed on 25.9.2003 whereas the examination had already started on 15.9.2003.;