- (1.) THIS is an appeal against an order of the learned single judge dismissing the writ petition filed by the appellants. It is not in dispute that the college Rakshpal Bahadur Teacher Training Institute is an affiliated college of the University of Rohil Khand and that the college is permitted to an intake of 100 students in the B. Ed. Course. The admissions are made by the college from the list sent by the university on the basis of merit in the Common Entrance Test Examination conducted for all the State Universities and Colleges affiliated to the universities. For the session 2007-08 the university had recommended the names of 82 candidates to be admitted by the appellant's institution from the list of candidates prepared on the basis of merit in the Common Entrance Test Examination held for this year by the Kanpur University. It appears that out of those 82 candidates 79 joined and the remaining 21 seats remained to be filled up. Under the government order dated 12. 7. 2008 these seats are to be filled up by a certain procedure to be followed by the institution. It appears that information was sent by the college about the 21 vacant seats to the university on 28. 8. 2008 and thereafter on 30. 8. 2008 the institution issued an advertisement inviting applications from eligible candidates within ten days for filling up the 21 vacant seats. According to the appellants the admission to these vacant seats were made by the College from the candidates who appeared in the common entrance in accordance with the merit of those candidates who had applied in pursuance of the advertisement. The Rohilkhand University however did not allow these candidates to appear in the B. Ed. examination on account of the fact that the permission required to be obtained under the government order dated 12. 7. 2008 was not obtained and the procedure provided therein was not followed. However, there is no dispute between the parties that there were indeed 21 vacant seats.
(2.) LEARNED counsel for the appellant relied upon paragraphs 4 and 5 of the supplementary affidavit of Dr. Anoop Beri filed in the appeal on 27. 3. 2009. Para 5 is as follows; "5. That the action of the respondent university is totally discriminatory and is highly objectionable. In view of the facts that the similarly placed students who were admitted directly by the colleges without counseling after the government order dated 12. 7. 2008 have been permitted to appear in the examination scheduled from 30th March, 2009 whereas the students of the appellants college are not being permitted to appear the said examination hence the necessary directions of this Hon'ble Court are required to meet the ends of justice, otherwise the appellants shall suffer irreparable loss and injury. "
(3.) RELIANCE has also been placed upon a decision of the Division Bench in Writ Petition No. 798 (M/b) of 2009 Bhagwant Singh Degree College Vs. State of U. P. and others in which the candidates who had attended for 200 days in similar circumstances were allowed to appear in the university examination. There is a clarification contained in the order of the Division Bench that the students of the institution in those cases shall be allowed to appear in the examination when they become eligible and fulfill all the requirements as per rule. The only objection raised by Sri Vivek Verma, learned counsel for the university is that it is not clear whether the students of the appellant's institution have attended the course for a period of 200 days. A second supplementary affidavit of Dr. Anoop Beri has been filed by the appellant in which it is stated that the students of the appellant's institution have attended the course for not less than 200 days. During the pendency of this appeal an interim order was passed permitting the students of the appellant's institution to appear provisionally in the examination of the university. In view of the aforesaid facts and circumstances and as the only feature distinguishing this case from that in Writ Petition No. 798 of 2009 Bhagwant Singh Degree College is the objection of Sri Vivek Verma counsel for the University about the fact whether the students have attended 200 days and fulfill other eligibility conditions we allow this appeal, set aside the order of the learned single judge and we direct that the university may verify the record of the students as to whether they fulfill the other eligibility conditions and had indeed attended the course for 200 days and in case the university is satisfied that the eligibility conditions are fulfilled the result of the students of the appellant's institution in the B. Ed. Course be declared after the examinations are over.;