PREM NARAYAN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) All the 54 Petitioners in this writ petition claim that they had appeared in the Joint Entrance Examination, 2010 for admission in B. Ed. course and having qualified in the same they were issued letters of allotment for taking admission in separate institutions, who have been arrayed as Respondents herein.

(2.) The Petitioners after having taken admission without any confirmation slips have pursue their courses but the Lucknow University came up with a notification dated 29th September, 2010 (Annexure 6 to the writ petition) informing that such students, who do not have any confirmation slips in their favour cannot be given admission as they are ineligible. The said notification further provides that if such candidates want admission they can appear in second round of counseling and have to report by 30th September, 2010.

(3.) Learned Counsel for the Petitioners contends that there was no mistake on the part of the Petitioners as there was no information that the admission would stand defaulted for want of confirmation slips and even the letters of allotment simply state that the same shall be treated to be incomplete, hence the same cannot be treated to have been cancelled. For this, learned Counsel for the Petitioners relies on the information tendered to the candidates of second round of counseling where this specific information has been given. He further contends that the brochure, which has been supplied, does not contain or mention any procedure nor does the news item as published contain any such recital. He further submits that this mistake has occurred on the counseling centers of Lucknow and Varanasi and even if there was an alleged mistake on the part of the Petitioners that was due to the incorrect or incomplete information given by the University, therefore, the Petitioners' admission cannot be treated to have been cancelled. It is further submitted that the Petitioners are continuing under the interim order and, therefore, the same deserves to be confirmed.