- (1.) Heard counsel for the petitioner and the learned standing counsel for respondent Nos. 1 to 5. With their consent, this writ petition is being decided finally, without inviting a formal counter affidavit.
(2.) The petitioner was admitted to BTC Course 2014 through the counselling conducted by the State respondents. She was allotted Sainath College of Teachers Education, Ujhani, Badaun. The case of the petitioner is that the seventh respondent, who was having lesser quality point marks than the petitioner, had been given admission at DIET, Badaun while the claim of the petitioner in that regard was not accepted. It is pointed out that the quality point marks of the petitioner is 192.90 whereas that of the seventh respondent is 191.75. The further case of the petitioner is that 2 seats reserved for Scheduled Tribe at DIET Badaun could not be filled up, as no candidate was available. It is urged that in such circumstances, as per Government Order dated 8 September 2006, such vacant seat is to be offered to a Scheduled Caste candidate to which petitioner belongs. The petitioner had represented to the authorities to shift her to DIET Badaun against one of the vacancies, but when no heed was paid to the said representation, instant writ petition has been filed seeking a mandamus directing the respondents to comply with the Government Order dated 8 September 2006 and to grant admission to the petitioner at DIET Badaun. The petitioner has further sought a relief for quashing of the admission granted to the seventh respondent by order dated 7 December 2015.
(3.) At the time of hearing of the writ petition, learned counsel for the petitioner made a statement that the petitioner would feel satisfied in case, her claim for admission against one of the two vacant seats at DIET Badaun is considered in accordance with the Government Order dated 8 September 2006, and in which event, she is ready to forego the challenge made to the admission of the seventh respondent.;