S.S.CHAUHAN,J. - (1.) SINCE the common question of facts and law are in­volved in these petitions, therefore, they are being heard together and decided by a common judgement.
(2.) THE present petitions have been filed with the prayer that the peti­tioners may be permitted to participate in the examination on the basis of the admission held in pursuance to the Government Order dated 12.8.2008. Submission of learned Counsel for the petitioners is that initially when the writ petitions were filed, an interim order was granted in favour of the col­lege. Students of some of the institutions were allowed to appear in the exami­nation on the basis of second Counselling. On the date of filing of the petitions, three papers had taken place and this Court deemed it proper not to permit the petitioners to appear in the on going examination. Further submission is that the petitioners were admitted on the basis of the order passed by the Division Bench of this Court in Writ Petition No. 3 (M/B) of 2009 and other connected matters by the respective institutions.
(3.) LEARNED Counsel for the petitioners has relied upon the following paragraph of the decision given by the Division Bench of this Court in the said writ petition. "We may clarify that the orders passed at Allahabad in the aforesaid writ petition obviously mean that the Counselling has to be done for the seats which are still vacant and have not been filled in but if the students have already been admitted by the colleges from amongst the students who had appeared in the Common Entrance Test but could not bring themselves within the cut of marks in merit, as per the Government Order dated 12.8.2008, such seats cannot be taken to be unfilled for the purpose of the Counselling which has been directed by the High Court." ;