- (1.) Heard counsel for the petitioner and learned standing counsel appearing on behalf of respondents 1 to 3. In the peculiar fact and circumstances of the instant case, the petition is being disposed of finally, without issuing notice to the fourth respondent, however, with liberty reserved in his favour to apply for review or variation of this order in case he feels aggrieved.
(2.) The petitioner claims to have been granted admission in BTC Training Course 2013 in Pandit Siya Ram Sharma College of Education Birouli, Bulandshahr. The case of the petitioner is that the aforesaid allotment of the institute was made on the basis of counselling done by the third respondent. The petitioner claims that she had duly deposited the tuition fee by demand draft in favour of the institute on 23.5.2015 and receipt issued by the fourth respondent evidencing deposit of the fee through demand draft has been brought on record as Annexure 3 to the writ petition. The further case of the petitioner is that she had been perusing her studies since the date of her admission. The examination for the year 2015, under the amended schedule, is to commence from 17 November, 2015. The petitioner was not permitted to fill the examination form and aggrieved by the aforesaid action of the fourth respondent, she claims to have made a representation before the fourth respondent on 2.11.2015. When no decision was taken by the fourth respondent, the petitioner has approached this Court by way of instant petition for issuance of a writ of mandamus commanding the respondents to allow the petitioner to appear in examination of the BTC Training Course, 2013, schedule to commence from 17 November, 2015.
(3.) Learned counsel for the petitioner submitted that the petitioner had duly deposited the tuition fee with the fourth respondent and had also been pursuing the course as regular student, consequently, there is no justification on part of the respondents in not permitting the petitioner to fill the examination form. It is further submitted that the representation made by the petitioner before the fourth respondent is still pending and the petitioner has not been communicated with any reason for not permitting her to fill the examination form.;