- (1.) EARLY listing application stands allowed.
(2.) THE petitioner who is student of MBA when was not permitted to appear in the examination of IVth Semester-2011 approached to this Court by filing instant petition during summer vacation and by an exparte interim order dt.16.06.2011 the respondents were directed to permit the petitioner to provisionally appear in the examination of MBA-IVth Semester-2011 along due papers likely to be held from 14.06.2011. However, it was made clear that no equity will arise in favour of the petitioner by virtue of interim order and result shall not be declared without permission of the Court. After notice of the present petition came to be served, reply has been filed and it has been averred that when the petitioner was not permitted to appear in MBA-IIIrd Semester, at that stage a joint petition (CWP-141/2011) came to be filed by such of the candidates including the present petitioner as petitioner-5 in CWP-141/2011 and initially by an interim order dt.13.01.2011 he too along with others was permitted to appear provisionally in the examination of MBA-IIIrd Semester which were scheduled to be held w.e.f. 17.01.2011 but that writ petition (CWP-141/2011) qua present petitioner came to be dismissed on 05.05.2011. However, liberty was granted that if they are aggrieved by the result of IIIrd Semester in which they appeared under the interim order of the Court, they are free to proceed seeking remedy which the law permits.
(3.) COUNSEL for respondent submits that when the petitioner was not considered to be eligible to appear in MBA-IIIrd semester as is evident from the order dt.05.05.2011 (Annx.A/3) at least the present petitioner could not be even allowed to appear provisionally in MBA-IVth semester, although, there is order permitting him to appear in MBA-IVth Semester on provisional basis vide interim order dt.16.06.2011 but since complete facts were not made available/ disclosed by the petitioner possibility of such interim order came to arise.;