PRASHANT SHARMA Vs. STATE OF MP.

JUDGEMENT

(1.) THE petitioners No. 1,2 and 3 secured 57.3%, 52.3% and 54.3%, respectively in the aggregate in the subjects of Physics, Chemistry and Mathematics of Class Xllth Examination. They appeared in the Professional Examination Board of M.P. and were kept in the waiting list for the academic session 1997-98. A set of rules, namely, Rules for Conduct of Entrance Test Rules for Admission (hereinafter referred to as 'the Rules') were framed by the respondent No. 2. The said Rules stipulated that 50% of the total seats would be free seats and remaining 50% seats would be payments seats. The petitioners were admitted after the waiting list was exhausted. It is not disputed that they appeared for the remaining seats.

(2.) ACCORDING to the writ petitioners they pursued their studies in various courses such as B.E. (Electricals). B.E. (Computer Science) and B.E. (Electronics). While they were prosecuting their studies a boll from the blue hit them as their admissions were cancelled without affording an opportunity of hearing or even issuing show cause by the respondent No. 4, the Principal of the College on the ground that the Principal had admitted the petitioners in violation of the Rules and further that the 10 seats for the next year would not stand reduced. Thereafter the Principal by order dated 5.10.1998, Annex lire P-7 passed the following order.

(3.) ACCORDINGLY , issue notice of this petition to the respondents to show cause as to why this petition be not admitted and interim relief, as prayed, be not granted to the petitioner. In the meantime, the impugned order dated 5.10.1998, by which admission of the petitioners has been cancelled, shall remain stayed till the next date of hearing."