GUNMALA SHANTI FOUNDATION TRUST Vs. V S NIRANJAN

JUDGEMENT

(1.) The Order of the Court was delivered by This order shall govern the disposal of contempt case No. 42/2012 filed for non-compliance of order dated 15.11.2011 passed on W.P. No. 7239/2011, Contempt Case No. 53/2012 filed for non-compliance of order dated 15.11.2011 passed in W.P. No. 7404/2011; and Contempt Case No. 60/2012 filed for non-compliance of order dated 15.11.2011 passed in W.P. No. 7105/2011.

(2.) In the aforesaid three writ petitions the issue for non-allotment of the seats for the academic session 2010- 2011 to the students in B.Ed. course was in question. It was pleaded that the students could not get admission because it was specified by respondents that the admission in the petitioner's institution shall be "at the risk of the student" in view of the pending litigation, thereby the complete seats of the B.Ed. course could not be filled up. In S.P.S. Academy, Shivpuri 19 seats, in Smt Gunmala Shanti Foundation Trust's 25 seats and in H.I.C.T. Shiksha Mahavidyalaya 36 seats were remained vacant, however on perusing the reply filed by the respondents/ State and after hearing, directions were issued to allot 19, 25 and 36 students against the vacant seats in the respective institutions for admission in the B.Ed. Course in accordance with the prescribed limit of All India quota and State quota. The order was passed on 15.11.2011 in all three writ petitions bearing Nos. 7239/2011, 7105/2011 and 7404/2011. The directions so issued in all the writ petitions are similar except indicating the number of the seats, however the directions issued in one of the writ petition i.e. Smt Gunmala Shanti Foundation Trust's vs. The State of M.P. and another is reproduced as thus: "In this view of the matter, the petition of the petitioner is allowed. The respondents are directed to allot 25 students against vacant seats to the petitioner institution for admission in the B.Ed. Course in accordance with the prescribed limit of All India quota and State quota. The order be complied with within a period of two weeks from the date of receipt of a copy of the order."

(3.) The respondent-State has filed the first review petition in all the three cases. The description of the writ petition and the number of the first review petition and the date of the order is given below as thus:- S.No. Description of Writ Petition Description of First Review Petition Date of order passed in First 1. W.P.No7239/2011 R.P.No.309/2011 09.12.2011 2. W.P.No7404/2011 R.P.No.307/2011 09.12.2011 3. WP No 7105/2011 R.P No 308/2011 09.12.2011