Hon'ble Ritu Raj Awasthi,J.
Notice on behalf of the respondent no. 1, has been accepted by the learned Chief Standing Counsel and Sri Shishir Jain has accepted notice on behalf of respondents no. 2 and 3.
List and connect with Writ Petition No. 11617 (MB) of 2009. The claim of the petitioner is that the present institution is a minority institution, who has been taking admissions in the past, and has taken admissions for B.Ed. classes of its own and not from the list of the selected candidates from the Common Entrance Test conducted by the Universities and that the Government Order dated 15.10.2009, which, in fact, amends Para -7, of the U.P. State Universities (Regulation of Admission to Course of Instruction for degree in Education in Affiliated, Associated and Constituent Colleges), Order, 1987, would not come in their way as the aforesaid order has been issued in exercise of the power conferred on the State Government under Section 28(5) of the State Universities Act, which exempts its applicability to minority institutions. Learned Counsel for the respondents could not justify the action of the respondents declaring zero session (academic session 2009-10) for such minority institutions as that of the petitioner.
We, as an interim measure, provide that the students admitted by the petitioner institution in the present academic session shall continue to study and the aforesaid order of 1987, as amended by the Government Order dated 15.10.2009, shall not come in its way in getting the examination conducted for the academic session 2009-10. On the request of the learned counsel for the State, let a counter affidavit be filed by the respondents within a period of three weeks and he shall also provide details of other minorities institutions, who may be entitled for the same order so that multiplicity of writ petitions be avoided.
Order Date :- 28.1.2010 Sachin