ACHCHEY LAL Vs. VICE CHANCELLOR GORAKHPUR UNIVERSITY

JUDGEMENT

(1.) These two petitions are being disposed of by a common judgment as the controversy involved therein is the same. The petitioners claim that they were validly admitted by the Tilakdhari Post Graduate College, Jaunpur to the B.Sc. (Agriculture) Part I course for the academic session 1982-83, but they were illegally refused by the Gorakhpur University, to which the said College was affiliated, permission to appear at the B.Sc. (Agriculture) Part I Examination, beginning from April 9, 1983. Writ Petition No. 4380 of 1983 was filed on April 7, 1983 and under an interim order of this Court, the petitioners of that petition were provisionally permitted to appear at the said examination. The petitioners of Writ Petition No. 11116 of 1983, on the other hand, appeared at the said examination on the strength of an injunction order issued in a suit filed by them for a mandatory injunction commanding the University and the College to allow the petitioners to appear at the said examination.

(2.) Writ Petition No. 4380 of 1983 was initially filed by 172 petitioners but subsequently an application was moved whereby 134 petitioners got the petition dismissed as not pressed. The remaining 38 petitioners have, however, pressed this petition on merits. The other petition, namely, Writ Petition No. 11116 of 1983 has been filed by 18 petitioners in September 1983 after they got their suit dismissed as withdrawn.

(3.) When this petition came up for hearing, we directed the University to inform the Court as to how many out of these petitioners had passed the examination at which they were permitted to appear under orders of stay granted by this Court and the injunction issued by the Civil Court. In pursuance of that direction, the Gorakhpur University filed a supplementary affidavit stating that in the batch of petitioners of Writ Petition No. 4380 of 1983 only one petitioner out of 38 passed the examination. The rest have failed. In the other petition No. 11116 of 1983 out of 18 only 3 have passed, the remaining having failed.