ARUN TANDON, J. - (1.) HEARD Sri Surendra Kumar Misra, learned counsel for the petitioners, Sri Neeraj Tewari, learned counsel for the Chhatrapati Sahu Ji Maharaj Kanpur University, Kanpur and learned Standing Counsel for the State -respondent.
(2.) PETITIONERS , who are 34 (thirty four) in number have filed this petition for a writ of mandamus directing the respondent No. 2, namely, Chhatrapati Sahu Ji Maharaj Kanpur University, Kanpur to declare the result of the petitioners of B.A.M.S. Examination of the year 2002 and further to permit the petitioner to pursue their studies of the B.A.M.S. 2nd year Professional Course without any hindrance. The petitioners claim to be admitted to B.A.M.S. Profession Course for the academic year 2001 -02 in pursuance of the notification published in newspaper in June, 2001 in Shame -e -Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur. It is further stated that the said institution applied for affiliation with Chhatrapati Sahu Ji Maharaj Kanpur University, Kanpur (hereinafter referred to as the University) and that temporary affiliation was granted by the Vice Chancellor of the University (However, no order has been brought on record on the basis whereof it could be alleged that the affiliation was ever granted to the institution by the University).
(3.) IN paragraph Nos. 8,9,10 and 11 of the writ petition it has been stated by the petitioners that Civil Misc. Writ Petition No. 39870 of 2002 was filed by the Committee of Management of Shame -e -Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur for various reliefs including the grant of affiliation by the University and in the said writ petition an interim order was passed by this Court on 19th September, 2002, a copy whereof has been enclosed as Annexure No. 3 to the present writ petition. Under the interim order passed by this Court dated 19th September, 2002, it was directed that the students of the Shame -e -Gausia Minority Ayurvedic and Unani Medical College and Hospital, Nand Ganj, Saheri, Ghazipur be permitted to appear in B.A.M.S. Examination of the year 2002 scheduled to start on 28th September, 2002. The result of the students was also directed to be declared but same was subject to the final order to be passed in the writ petition. The said writ petition was directed to be listed after expiry of six weeks with connected writ petitions being Writ Petition Nos. 12643 of 2000 and 29803 of 1998. On the basis of the aforesaid interim order the petitioners claim that they had been issued admit cards by the Kanpur University. Further they had undertaken the examinations of the aforesaid B.A.M.S. Course of the year 2002. However, the result of the said examination of the petitioners -students has not been declared, hence the present writ petition.;