REKHA AHIRWAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Shailendra, learned counsel for the petitioners and Shri Anurag Khanna, learned counsel for respondent Nos. 2, 3 and 4. Learned Standing Counsel appears for respondent No. 1. The impugned order dated 9.5.2012 contained in Annexure 14 to the writ petition has been passed by the University i.e. respondent No. 2, which is represented through counsel. Notice to respondent No. 5 i.e. Unique Institute of Management and Technology, Meerut not being issued since filing of the writ petition appears to be unwarranted at this stage.

(2.) At the outset it may be pointed out that the present writ petition is filed only by five students out of 100, who may be affected by the impugned order dated 9th May, 2012. A further direction in the nature of mandamus directing the respondent university to subject the petitioners and like students to B.Ed., degree examination admitted against the session 2008-09 having regard to the Government Order dated 30th September, 2011 is prayed for.

(3.) The writ petition filed by the petitioners proceeds on the premise that an additional intake of 100 seats was permitted by NCTE on 29.1.2008 and the State Government having passed an order on 30th July, 2009 permitted the admissions of the students for the session 2008-09 against the additional seats, as such the University is under an obligation to subject the petitioners and like students to undergo B.Ed., examination in furtherance of 2008-09 session admissions. The issue has cropped up in the sequel of some previous litigation and correspondence between the University and the State Government as well as the NCTE.