NEEMUCH EDUCATION SOCIETY Vs. VIKRAM UNIVERSITY UJJAIN

JUDGEMENT

(1.) Heard Shri C. B. Patne learned counsel for the petitioner on the question of admission. The case has a chequered history. The petitioner is a registered Society under the M. P. Society Registrikaran Adhiniyam, 1973, The petitioner had started imparting instructions to students for B Ed examination. It is alleged that the name of the College is Jagrati Shiksha Mahavidyalaya, Neemuch. The said College is controlled by respondent No. 1 University and is affiliated to it for the purposes of examination. In the year 1991, 158 candidates had been enrolled by the said Society for B.Ed examination.

(2.) These students were not allowed to appear in the B. Ed. examination conducted by the respondent University which compelled the petitioner to file Petition in this High Court which was numbered as M. P. 436 of 91. In the said petition an interim order was passed on 22-3-1991 and it was directed that the students of the petitioner's Society shall be allowed to fill in the forms for appearing at the ensuing B. Ed. examination and their forms shall be entertained within a period of 10 days from the date of the said order subject to the Rules of eligibility piescribed by the University and subject to the result of the said petition. On account of this order, 158 students of the petitioner Society appeared at the, Theory Examination which had commenced on 11-4-91 and continued upto 29-4-1991.

(3.) The contention of the petitioner is that all the 158 students had participated in the said B. Ed. examination. Thereafter, the respondent University applied for vacating of the stay order passed in the aforesaid petition on 23-3-91. By order dated 10-8-1991 the said stay order was vacated. Being aggrieved by this order dated 10-8-1991 the petitioner filed a Special Leave Petition in the Supreme Court Hon'ble Supreme Court held that in case the petitioner succeeds, then the students may be permitted to undertake practical examination as required under the Rules and the results may be published according to Rules. Due to strike of Advocates petitioner's counsel could not appear. However, the petitioner's Secretary himself appeared before this Hon'ble Court on 13-12-1991 and argued the matter. But the said Misc. petition was dismissed on 13-12-1991.