- (1.) The petitioner is a student and is pursuing his studies in the Science stream, having passed the High School examination in first division in Science, and the Intermediate examination in second division. The petitioner graduated from Baba Raghav Das Post Graduate College, Deoria in second Division. On 29.8.2006, a news item was published in the daily Hindi Newspaper 'Dainik Jagran' inviting admission in M.Sc. First Year, in Physics, in Mahatma Gandhi Post Graduate College. Based on this news item, the petitioner applied for admission in M.Sc. First Year, which was duly granted by the said College. Admission fee of Rs. 15,650/- was duly paid by the petitioner. The College issued an identity card and, the petitioner thereafter started attending the classes. In January, 2007, the petitioner was asked to deposit the examination form, which he duly deposited after filling it up. The examination of the First Year was to commence on 4.6.2007 as per the schedule published by the University. On 18.5.2007, the College authorities informed that he cannot appear in the examination since the College was not granted the affiliation in M.Sc. Physics by the University and offered to refund the fee paid by the petitioner. The petitioner was shocked and made a representation to the Vice Chancellor requesting that he should be permitted to pursue his studies either from the University or from some other college which was affiliated to the University, and which was authorised to run the M.Sc. course in Physics, so that the petitioner may not lose a year. When no response came from the University, the petitioner filed the present writ petition. The Court, after considering the facts and the circumstances of the case, that had been brought on the record, passed an interim order dated 1.6.2007 directing the University to provisionally permit the petitioner to take his examination in M.Sc. First Year, in Physics. The Court, further directed that the result would not be declared till further orders of the Court.
(2.) This matter lingered on and inspite of notices being issued, the College, respondent No. 2, and its Principal, the respondent No. 3, did not file any counter affidavit and, eventually, by an order dated 27.1.2009, the Court directed that the filing of the counter affidavit would be subject to the imposition of cost which the Court would decide. Pursuant to the said order, a counter affidavit of respondent Nos. 2, 3 and 6 was filed. The University had earlier filed a counter affidavit.
(3.) The petitioner has appeared in person and he has been heard at length and submitted that the College has played a fraud in publishing incorrect information in the newspaper, and in inviting applications from the students for admission, in M.Sc. Physics, when infact the College had not been granted an affiliation to run the said course by the University. The petitioner submitted that he should not be made to suffer for the fraud played by the College .;