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U.P. Technical University, Lucknow Thru' Its Registrar v. Welfare Association Of Self Financed Institues & Others - SPECIAL APPEAL DEFECTIVE No. 1 of 2006  RD-AH 300 (4 January 2006)
Special Appeal No. 1 of 2006
U.P. Technical University, Lucknow .....Appellant
Welfare Association of Self-Financed
Institutes and others .....Respondents
Hon'ble S. Rafat Alam, J.
Hon'ble Sudhir Agarwal, J.
We have heard learned counsel for the appellant and also perused the order of Hon'ble Single Judge dated 5.9.2005 in Civil Misc. Writ Petition No. 48630 of 2005.
Learned counsel for the appellant could not show any ground on the basis of which the order of the Hon'ble Single Judge requires to be interfered with. However, he submitted that the judgment of the Hon'ble Single Judge is not in consonance with the judgment of the Hon'ble Apex Court in the cases of T.M.A.Pai Foundation Vs. State of Karnataka reported in 2002(8) SCC 481 & Islamic Academy of Education & another Vs. State of Karnataka reported in 2003 6 SCC 697.
Having heard learned counsel for the appellant and perusing the record, we are of the opinion that the contention of the learned counsel for the appellant is not correct. We find that correctness of the direction contained in the judgment of the Hon'ble Apex Court in the cases of T.M.A.Pai Foundation Vs. State of Karnataka (Supra) & Islamic Academy of Education & another Vs. State of Karnataka (Supra), was required to be considered by the Larger Bench of seven Hon'ble Judges of the Hon'ble Apex Court. The matter has been decided by the Larger Bench in the case of P.A.Inamdar and others Versus State of Maharashtra and others (2004) 8SCC139 and certain directions and clarifications have been issued by the Hon'ble Apex Court in the aforesaid judgment. The appellant sought to rely the judgment of the Hon'ble Apex Court in earlier cases but the Hon'ble Single Judge has rightly considered and decided the issue in the light of the directions contained in the Larger Bench Judgment of Hon'ble Apex Court in P.A.Inamdar and others Versus State of Maharashtra and others (Supra).
We have perused the order passed by the Hon'ble Single Judge and are of the view that he has correctly appreciated the facts and the law laid down in the aforesaid judgment.
That apart, it also appears from the record that altogether about eighty nine thousand students have appeared in the test and all of them have been declared successful. Even the candidates who have not secured any marks, i.e., who have been awarded zero marks, have been declared successful. The most interesting aspect of the matter is that since the test has negative marking system, therefore, some of the candidates who have secured even less than zero marks have been declared successful. Such kind of selection cannot be appreciated at all and by any stretch of imagination, it cannot be said to be a selection of meritorious candidates. However, considering the facts and circumstances of the case, the Hon'ble Single Judge has commanded the respondents that in the entrance examination they shall fix minimum pass marks for qualifying in the next entrance examination without disturbing the selections and admissions, which have already been finalized in the selection in question.
In this view of the matter, we do not find any reason to interfere with the judgment passed by the Hon'ble Single Judge. The special appeal being, without any merit, is accordingly dismissed.
Dated : 4.1.2006
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