Heard learned counsel for the petitioner Sri S.C. Srivastava assisted by Sri Sachin Srivastava and Sri Savitra Vardhan Singh for the Lucknow University.
The petitioner prays for a direction to be issued to respondents to extend the deadline/cut off date i.e. 31.12.2020 for admission of B.Ed. students and to allow/permit the petitioner to admit students by CET by itself as held in TMA Pai case and to frame the guidelines for admissions on vacant seats. A further prayer has been made for issuing a direction to the Lucknow University to accept the list of all B.Ed. students for conducting the examinations on the current academic session.
Sri Savitra Vardhan Singh has relied upon a judgment of this Court in Writ Petition No.3708 (MS) of 2015: Dau Dayal Mahila (Pg) College vs. State of U.P. and others, decided on 20.7.2015 wherein similar prayer has been made by the petitioner therein and this Court has observed that a perusal of order of the Supreme Court would show that in College of Professional Education, the Supreme Court had approved the time schedule for admission based on combined eligibility test and counselling and there is nothing to suggest that the institution could fill up the seat on their own. This Court after considering the law laid down in Maa Vaishno Devi Mahila Mahavidyalaya vs. State of U.P. and others (2013) 2 SCC 617, dismissed the writ petition.
Learned counsel for Lucknow University has also placed reliance upon the judgment rendered in similar petition filed by the petitioner-college namely, Writ Petition N.4233 (MS) of 2015 decided on 22.7.2015 wherein this Court relying upon judgment rendered in Writ Petition No.3708 (MS) of 2015 dismissed the petition. Counsel for the University has also placed reliance upon the judgment and order dated 6.11.2015 passed in Writ Petition No.6825 (MS) of 2015 wherein placing reliance upon the judgment rendered in Writ Petition No.3708 (MS) of 2015 the petition was dismissed on similar prayer.
Sri Savitra Vardhan Singh says that at the time when petitioner made the representation to the University for giving permission to fill up the seat on its own or in the alternative to provide 120 more students, counselling was going on and now counselling has stopped and admission procedure has also closed.
Be that as it may, the writ petition is disposed of with a direction to the Registrar/respondent no.2 to consider and decide the representation made by the petitioner on 2.1.2021 filed as annexure-5 to the petition strictly in accordance with law by a reasoned and speaking order within a period of three months from the date a copy of this order is produced before him.
Order Date :- 12.1.2021 Sachin