Arun Tandon, J. - (1.) Heard Sri M.D. Mishra on behalf of the petitioner and learned Standing Counsel on behalf of the Respondent Nos. 1, 2 and 3.
(2.) This writ petition can be disposed of without awaiting counter affidavit from the Respondent Nos. 4 to 8.
(3.) The facts of the case are that petitioner Mahesh Prasad claims selection in the B.T.C. Course in pursuance to Pre-admission Entrance Test held in the year 2001. The petitioner for the said purpose had approached this Court earlier and had filed Writ Petition No. 1379 of 2004. The writ petition filed by the petitioner was decided by means of judgment and order dated 24-3-2004 in terms of the judgment passed in Writ Petition No. 56440 of 2003. The order of this Court dated 24-3-2004 reads as follows: "In both the writ petitions, petitioners who arc belonging from OBC/Male/ Arts category are claiming admission in B.T.C. Examination, 2001. The grievance of the petitioners is that seats are still lying vacant in O.B.C. Category and respondents are not filling up the aforementioned vacancy. It is well settled that seats shall not go waste. In these circumstances, respondents are directed that in case, in OBC/Male/Arts category scats arc lying vacant, then in that event respondents shall proceed to fill up the aforementioned scats on merit within one month from production of certified copy of this order. With these observations, writ petition is disposed of.";