Court No. - 7
Case :- WRIT - C No. - 24208 of 2019 Petitioner :- C/M Swarna Prabha Pg College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.,Narendra Pratap Singh,Rohit Pandey
Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioners is permitted to implead State Coordinator, U.P. B.Ed. Joint Entrance Examination 2019-21, Mahatma Jyotiba Phule Rohilkhand University, Bareilly as co- respondent no. 4 in the array of parties.
Heard Sri Grijesh Tiwari, learned counsel for the petitioners, Sri Narendra Pratap Singh learned counsel for the respondent no. 2, Sri Rohit Pandey learned counsel for the respondent no. 3 and learned Standing Counsel for the State.
The petitioners claims that the students have been admitted against the vacant seats of S.C. candidates.
Learned counsel for the petitioners submits that the petitioner has filed an application on 14.07.2019 before the University, for approval of admission of six students, who were admitted through the process of direct admission. The admissions were made before the last date of admission 15.07.2019. The admissions were made against the reserved but unclaimed seats of S.C. category.
Learned counsel for the respondent University, submits that the University, has received a number of complaints were belonging to the S.C. category, where the institutions, have not granted admission, to the students who were required to be admitted on a zero fee basis, as per policy of the State Government. It needs to be ascertained for a fact, whether the petitioner institution also falls in that category or not. He then submits, that 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 newly impleaded respondent no. 4, State Coordinator, U.P. B.Ed. Joint Entrance Examination 2019-21, Mahatma Jyotiba Phule Rohilkhand University, Bareilly. The respondent no. 4 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 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 :- 25.7.2019 Dhananjai