MAHESH SINGH Vs. BARKATULLAH UNIVERSITY

JUDGEMENT

(1.) IT is submitted by the petitioner that the respondent No.2 submitted a list of the students admitted for B.P.Ed. Course and deposited all the fees with the respondent No.1 but the respondent No.1 is not conducting special examination for B.P.Ed. without any reason. IT is submitted that respondent/University be directed to conduct special examination for the petitioners for B.P.Ed. Course, as directed by this Court in W.P. 18067/10.

(2.) AS the controversy is squarely covered by the decision of this Court in W.P.18067/10 (Dalchand & others vs. Barkatullah University), for ready reference relevant part of the order is quoted hereunder, we propose to dispose of this matter finally. Facts of the present case are that the respondent No.2 is running B.P.Ed. [Bachelor of Physical Education] course. The respondent No.2 institution was affiliated by the respondent No.1 on 18.11.2008 and in this regard NCET already issued a NOC on 3.9.2008. Respondent No.2 institution admitted the students of petitioner Sangh. They have attended the classes as per the norms fixed by the NCET and all the students submitted their examination forms along with the examination fees which were accepted by the respondent no.1 but the students of petitioner Sangh were not permitted to appear in the examination commenced from 16.9.2010. So far as the examination of 16.9.2010 is concerned, it has been postponed and for other papers are concerned, the examination were conducted on the scheduled date. The petitioner filed this petitioner for following reliefs on 20.9.2010 :-

(3.) SHRI Pateria, learned counsel for respondent No.1 submitted that in view of the specific order passed in W.P.No.8449/2009, the students were not permitted to appear in the examination. However they are now fulfilling all the requisite eligibility criteria as has been fixed by the NCTE.