- (1.) U.P. Rural Institute of Medical Sciences and Research, Saifai, District- Etawah, is an institute of Paramedical Science established by the State Government, which is affiliated to Chhatrapati Shahu Ji Maharaj University, Kanpur. The institute was assigned the responsibility of conducting entrance examination for Joint Paramedical and Nursing Entrance Examination, 2014, and thereafter to conduct counselling. The institute published notice on 2nd May, 2014, whereunder registration for appearing in the entrance test was to commence from 5th May, 2014 with the last date for submission of online registration being 6.6.2014 and the date of examination was notified as 13th July, 2014. The petitioners, who are three in number, were desirous of appearing in the entrance examination, duly applied for appearing in the entrance test, and were issued admission ticket and they actually appeared in the entrance test held on 13th July, 2014. However, the petitioners learnt through a press release that the examination conducted on 13th July, 2014, had been cancelled allegedly for unavoidable reasons, vide order dated 17th July, 2014 and the date of next examination was to be notified through newspapers. It is this press release dated 17th July, 2014, which has been challenged by filing the present writ petition. A further prayer has been made to command the respondents to publish the result of the entrance examination conducted on 13th July, 2014 and grant admission, on the basis thereof, to the petitioners.
(2.) The writ petition was entertained and following orders were passed on 6.8.2014:- "Learned Standing Counsel prays for and is allowed one week time to seek instruction as to what was the reason for cancelling the examination, which took place on 13th July, 2014. Put up/list on 18th August, 2014."
(3.) Again on 19.8.2014, further time was granted to learned Standing Counsel to seek instructions and bring on record reasons for cancellation of the examination already conducted on 13th July, 2014. The order dated 19.8.2014 is reproduced:- "The instant petition has been filed challenging the order dated 17th July, 2014 cancelling the examinations already held without assigning any reason. On 6th August, 2014, learned Standing Counsel was granted time to seek instructions. Learned Standing Counsel prays for further time to seek instruction. Learned counsel for the petitioners informed the Court that now, by an advertisement, 14th September, 2014 has been notified for fresh examination. It has been submitted that in absence of any valid reason for cancelling the earlier examination, the holding of subsequent examination on 14th September, 2014 does not appear to be justified. In view of the above, let this matter be listed on 1st September, 2014. In the meantime, learned Standing Counsel shall file counter affidavit detailing the reasons for which the earlier examination was cancelled and a decision to take fresh examination was taken.";