- (1.) Heard Sri I. B. Singh, learned Senior Advocate assisted by Sri Amit Jaiswal and Sri Vikas Vikram Singh, learned Counsels for the appellants, Sri Sandeep Dixit alongwith Sri Manish Mathur, learned Counsel representing respondent Nos.1 and 2, Sri Shailendra Singh Chauhan, learned Additional Chief Standing Counsel for the respondent No.3 and Sri Sudhanshu Chauhan, learned Counsel representing respondent No.4.
(2.) This intra-Court Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred assailing the correctness of the interim order dated 24.12.2017 passed by a learned Single Judge in Misc. Single No.32293 of 2017, Isabella Thoburn Collage, Faizabad Road, Lucknow and others v. The State of U.P. through its Secretary, Higher Education, Lucknow and others, whereby the learned Single Judge issued the following directions as an interim measure:- "(1) The students admitted by the petitioner no. 1-Institution shall be allowed to appear in the ongoing examinations for the B.Ed. course (1st Semester) (2) This order shall not entitle the students to claim any right of conferment of degree of B.Ed. and this shall be subject of course to further orders in this petition. (3) The petitioner no. 1-Institution shall furnish security equivalent to the sum of fee (Rs. 9000/- per student) realized by it from the 60 students admitted by it in the B.Ed. course for the academic session 2017-18 in the form of Bank guarantee before the Lucknow University. (4) The examination fee which has been returned by the University shall be accepted by it without prejudice to its rights in this petition. (5) All consequential steps shall be taken by the University or the State, as the case may be, to facilitate the appearance of the students of the petitioner no. 1-Institution in the examination scheduled to be held on 26.12.2017 and thereafter. (6) The petitioner no.1-Institution shall not admit any student to the B.Ed. course for the next academic session on its own taking advantage of this order, although, it shall be open to it to admit students of its choice on the basis of Common Entrance Test as per the policy of Government and the law on the subject on the relevant date. (7) Considering the fact that the impugned order has been passed in the evening of 22.12.2017 when the first paper was to be held on the next day morning i.e. on 23.12.2017 and two sets of question papers are normally prepared, as is admitted by the learned counsel for the University on the basis of instructions, it is therefore ordered that the University shall hold the examination relating to 1st paper of Philosophical and Sociological Prospective of Education for the students of the petitioner no. 1- Institution, who could not appear in the said paper Yesterday, as, in any case, the degree would not be conferred on them until further orders of the Court and they are still in the 1st year of the course. This shall be done as early as possible so that further complications do not arise in the matter. (8) Compliance of direction at Serial No. 1, 4 and 7 shall not depend on compliance of direction no. 3."
(3.) The learned Single Judge further provided that the pleadings be exchanged between the parties within a period of four weeks and the matter may be listed in the second week of February, 2018 peremptorily for final disposal.;