M D NASIR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Parties by counsel. Rule heard forthwith. In view of the urgency in these matters, we have heard them at length at the stage of notice before admission and they are, therefore, disposed of on merits by issuing rule. Since all these writ petitioners relate to the question of admission of the petitioners therein to the B.Ed. Examination of the Nagpur University to be conducted in July 1988 and thus involve certain common questions of fact and law, they are being disposed of by this common judgment, although the specific points in each of these petitions are dealt with separately in this judgment.

(2.) Briefly, the facts in these writ petitions State are that the B.Ed. colleges in these writ Executive petitions are all unauthorised colleges to which no affiliation was granted under the provisions of the Nagpur University Act, 1974 (for short the University Act). However, these unauthorised colleges gave admissions to the students for B.Ed. Course in 1986-87 with impugnity and the students also took admission in these colleges during the said academic year although the Nagpur University had black-listed the said colleges and warned the students, vide its press note dt. 17-3-1986 and its notifications dt. 21-5-1986 and 7-101986 that such students would not be entitled to appear for the B.Ed. March/April Examination 1987 of the University. The Nagpur University therefore firmly refused to allow the students of such unauthorised colleges to appear for its March/April 1987 examination.

(3.) One such unauthorised college by name Vasant Shikshan Mahavidyalaya, Gopuri, Wardha, run by Shankaranand Education and Cultural Society, Nagpur, had filed a writ petition in this Court bearing Writ Petition No. 299 of 1987 for permitting its students to appear for the March/April 1987 examination of the Nagpur University. However, by the judgment dt. 29-4-1987, this Court dismissed the said writ petition on the ground that the said college was an unauthorised college and that the University had warned the college as well as the students that it would not allow its students to appear for the said examination. In taking its view, this Court relied upon the judgment of the Supreme Court in the case of Nageshwaramma v. State of Andhra Pradesh, AIR 1986 SC 1188. It will be worthwhile to notice the observations of the Supreme Court in Para 3 of the said judgment, which are as follows :