SACHIN ARORA Vs. STATE OF U P

JUDGEMENT

(1.) These five petitions have been preferred by candidates who had appeared in the Joint Entrance Examination Test of 2010 for B. Ed. Course and upon being successful had been called for counselling. They were issued letters of allotment and they contend that they accordingly approached their respective institutions and were given admission. However, under the Notification dated 29th September, 2010 which was published in the Newspaper on 30th September, 2010 their admissions have either been cancelled or they are not being permitted to pursue their studies on the ground that their admissions have not been finalized. The Petitioners contend that they were admitted and they have been pursuing their studies and therefore their discontinuance in mid session is unwarranted under a Notification without being given them any notice or opportunity. They, therefore submit that the orders are in violation of principles of natural justice.

(2.) The second ground of challenge is that there is no fault on the part of the Petitioners and they have deposited their advance fees as well as registration fees and in the absence of any default on their part their admissions cannot be treated to have been cancelled.

(3.) It is further submitted on behalf of the Petitioners that even if they do not have a confirmation slip then the same would only make their admission incomplete and would not result in an automatic cancellation. Apart from this, it was also submitted during the course of arguments through an affidavit filed in Writ Petition No. 536 of 2011 that this deficiency had occurred on account of mistakes by the Lucknow University and the respective colleges and almost four thousand candidates who had appeared for the first counselling between 3rd August, 2010 and 20th August, 2010 had not been issued confirmation slips. The submission is that this being a general defect the Petitioners cannot be deprived of their benefit to pursue their studies.