S. R. Singh, J. - (1.) The Special Appeal No. 562 of 1992. Is directed against the judgment and order dated 30.7.1997, whereby a learned single Judge dismissed the CM] Misc. Writ Petition No. 23760 of 1997 on the ground of alternative remedy available to the writ petitioners--Satya Prakash Singh and Himanshu Agrawal under Section 68 of the U. P. State Universities Act. 1973, (in short the Act). The said writ petition was filed, inter alia, for the following reliefs : "(i) to issue a writ, order or direction in the nature of certiorari quashing the decision by means of Resolution No. 26 dated 7.5.1997 of the Executive Council. Annexure-2 to this writ petition, amended rules approved in its meeting dated 14.6.97. Annexure-'3' to this writ petition. (ii) to issue a writ, order or direction in the nature of mandamus directing the respondent No. 4, the Management Committee of the Institution to hold the entrance test for the year 1997-98 for the course of B.Sc. Agriculture 1."
(2.) Civil Misc. Writ Petition No. 26298 of 1997 has been filed by the Committee of Management of Chaudhary Charan Singh. Shivdan Singh Degree College, Iglas, Mahamaya Nagar and another basically for the self-same reliefs which were claimed in the earlier Writ Petition No. 23760 of 1997 filed by the two prospective students, Satya Prakash Singh and Himanshu Agrawal. The reliefs sought in this writ petition are these : " (i) issue a writ, order or direction in the nature of certiorari quashing the resolution of the Academic Council Resolution No. 26 (Annexure No. to the writ petition) and the resolution in form of amended rule dated 14.6.1997 (Annexure-4 to the writ petition), and further the notice and communication dated 21st June. 1997, (Annexures-4 and 5 to the writ petition). (ii) Issue a writ, order or direction in the nature of mandamus restraining the respondent from holding and declaration of result, of alleged entrance examination, 1997 by University by Dr. Bhimrao Ambedkar University, Agra as per notification dated 21.6.1997 for B.Sc. (Ag.) 1st year course. (iii) issue a writ, order or direction in the nature of mandamus restraining the respondents from any interference, in admission matter, for course B.Sc. (Ag.) 1st year, conducted by the petitioner's Committee of Management, for its institution. (iv) issue any other suitable writ, order or direction in which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (v) award the costs of the writ petition in favour of petitioners."
(3.) Since the point Involved in this petition was the same as the one involved in special appeal, the learned single Judge directed the writ petition to be placed before the special appeal Bench for disposal on merit. Accordingly, both the cases were heard together with the consent of the learned counsel appearing for the parties.;