SUBHASH MAHAVIDYALAYA Vs. STATE OF U.P. ANDORS.

JUDGEMENT

(1.) The sole relief pressed for by the learned Counsel for the Petitioner at the time of hearing of this petition is for a direction upon the Chhatrapati Shahu Ji Maharaj University, Kanpur (hereinafter referred to as the 'University') to permit the students of the Petitioner -Institution admitted to the B. Ed. Course in the Session 2006 -07 to appear at the examination scheduled to commence from 10th April, 2010 in terms of the Government Order dated 9th January, 2009 and the judgment and order dated 23rd February, 2009 of the Supreme Court in Special Leave to Appeal No. 12864 of 2008 connected with other such Appeals.

(2.) It is stated in the petition that pursuant to the orders passed by this Court and the Supreme Court, the students of other Institutions are being permitted to appear at the examination scheduled to commence from 10th April, 2010, but merely because the Petitioner -Institution had not filed any writ petition, its students are not permitted to appear at the examination though the Petitioners have repeatedly been representing to the University to permit the students to appear at the examination pursuant to the aforesaid orders since their students are similarly situated.

(3.) Learned Standing Counsel appearing for Respondent No. 1 and Sri Neeraj Tiwari, learned Counsel appearing for Respondent Nos. 2, 3 and 4 state that it is not necessary to file a counter affidavit and the petition may be disposed of at this stage.