CHAND ALI Vs. MAHESH SHIKSHAN SANSTHAN

JUDGEMENT

(1.) THESE are the sixteen appeals involving a similar question of law and fact, therefore, they are finally disposed of together on the basis of an agreement between the parties. A notice was also given to the University and the University has been served, but nobody has chosen to appear and contest into detail facts.

(2.) IT is not necessary to go into detail facts as the short question involving in these appeals is that the students having been allowed by the Court by its order dated September 9, 19,86 were not permitted to take their final examination in the B.Ed. (Vacation) Course for the session 1986 -87. The objection which has been raised by the institution was that the candidates have not delivered forty teaching lessons and have not observed the same number of lessons during the Session. The contention of the Management is that these candidates, though knowing fully -well the implication of their agreement before Division Bench on 14 -8 -86 have given in writing that they will not insist for the studies which have already been covered by institution should be repeated, if they are admitted to the course. The resultant position is that these forty lessons have already been completed and now at the end of the Sessions they are rendered ineligible because of not completing forty lessons in teaching. This had driven appellants to file fresh writ petitions before this Court. This court by its order dated September 9, 1986 dismissed all the writ petitions on the ground that in view of the agreement arrived at between the parties, no relief can be given to them. Aggrieved by the order dated September 9, 1986 the petitioner appellants have approached this Court by filing Special Appeals.

(3.) ARGUMENTS were heard at length and after considering over the matter, we think it just and proper that the following directions should be issued in the interest of justice: