Court No. - 54
Case :- WRIT - C No. - 39060 of 2019
Petitioner :- C/M Amar Shahid Kanchan Singh Autonomous
P.G. College And Another
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Rajiv Joshi,J.
Heard Sri Sunil Kumar Sharma, learned counsel for the petitioners, Sri Rohit Pandey learned counsel for the respondent nos. 2, 3 and 4.
The petitioner claims, that the students have been admitted, against the vacant seats of B.Ed. course.
Learned counsel for the petitioner, submits that the petitioner, had filed applications dated 12.7.2019 and 14.07.2019, before the University, for approval of admission of 47 students, who were admitted, through the process of direct admission. The admissions, were made before the last date of admission 15.07.2019.
Learned counsel for the respondent-University, submits that the admissions can only be made, as per the regulations, framed by the State Government, in compliance of the orders, passed by the Hon'ble Supreme Court in College of Professional Education and others Vs State of U.P. and others, reported at (2013) 2 SCC 721.
Be that as it may, the matter is remitted to the respondent no.3- State Coordinator, B.ED-Joint Entrance Examination-2019-21, Mahatma Jyotiba Phule Rohilkhand University, Bareilly. The respondent no.3-State Coordinator, B.ED-Joint Entrance Examination-2019-21, Mahatma Jyotiba Phule Rohilkhand University, Bareilly, shall decide the representation of the petitioner, for making direct admissions, after verification of all necessary facts, and also in accordance with the bye-laws framed by the State Government in the light of Hon'ble Supreme Court judgment in College of Professional Education and others (supra). The exercise shall be completed, preferably, within a period of one month, from the date of, receipt of, a certified copy of this order, along with a fresh copy of the representation.
The Court has not gone into the veracity of the assertions made in the writ petition, nor has the claim of the petitioner been judged on merits. It is for the competent authority, to do so after independent application of mind.
The writ petition is disposed of.
Order Date :- 29.11.2019 Noman