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Abhishek Varshney And Others v. Vice Chancellor Dr. Bheem Rao Ambedkar University, Agra - WRIT - C No. 25735 of 2006  RD-AH 9152 (9 May 2006)
Civil Misc. Writ Petition No. 25735 of 2006
Abhishek Varshney and others Petitioners
Vice Chancellor, Dr. Bhim Rao Ambedkar University,Agra and others.
Hon'ble Rakesh Tiwari, J.
Sri Anil Tiwari, Advocate has accepted notice on behalf of respondent nos. 1 and 2.
Issue notice to respondent no.3 returnable at an early date.
The Institution of Information Management and Technology, Ramghat Road, Aligarh is a self-financing institution, which is affiliated to Dr. Bhim Rao Ambedakar University, Agra. The petitioners appeared in the entrance examination conducted by the University for B.Ed. course for the session 2004-05. The Institution has been allotted capacity of 100 seats for the course. The University sent admission list of 85 students who have been declared successful in the examination. Out of 85 students 4 students did not turn up, hence 81 students were given admission by the college. The college informed the University about this fact and requested for sending the names of those students who could not be granted admission. The University did not send any further list of the students as four students who are the petitioners in this writ petition were given admission by the college under the Management quota. These students have been admitted and have studied in the college in the whole of the academic session. The examinations of B.Ed. course 2004-05 are scheduled to be held from 10th May, 2006.
Sri Anil Tiwari, counsel for the respondents states that he has received instructions that the admission of the petitioners was not approved by the University.
Be that as it may, it was incumbent upon the University to have sent the list of the students under the management quota, which was enforced at that time. The college being a self-financing institution has filled up four seats after the University had not sent any list of students. It appears that the petitioners have studied in the college for the whole year. The information regarding admission of the students had been sent to the University on 4.5.2006, hence it cannot be denied that the University had no knowledge about this fact, as such in the interest of justice and equity the petitioners shall be issued Admit Cards and shall also be permitted provisionally by the respondents to appear in the examination of B.Ed. course 2004-05 scheduled to be held from 10th May, 2006.
Respondent nos. 1 to 3 may file counter affidavit within one month. Rejoinder affidavit may be filed within one month thereafter.
List in July, 2006.
The result of the petitioners shall not be declared till further orders and shall be subject to the decision of the writ petition.
Let a certified copy of this order be given to the counsel for the petitioner on payment of usual charges today.
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