Judgment:
1 W.P.No.4676/2013 Sunil Kumar Vashnav & others State of M.P. & others 8.4.2013 Shri Shakti Kumar Soni, Counsel for the petitioners. Looking to the grievance raised in the petition, we requested Shri Tabrez Sheikh, standing counsel for respondent No.3 to accept notice. Shri Tabrez Sheikh accepted notice on behalf of respondent No.3. The dispute relates to declaration of the result of the petitioners for B.Ed examination for the academic year 2009-2010 in which the petitioners had appeared on 31.12.2010, but the result has not been declared by the respondents. It has been prayed by the petitioners that respondents may be directed to declare the result of the aforesaid examination. Shri Tabrez Sheikh, learned counsel appearing for respondent No.3 submits that so far as petitioners are concerned, they had appeared in the examination and their names are appearing at Sr. Nos.62,70,33,67 and 37 in the allotment list of the college. It is also submitted by the parties that the controversy involved in this case is squarely covered by the decision of a Division Bench of this Court in Smt.Vartika Tripathi Vs. State of M.P. & others in W.P.No.15025/2011 decided on 7.8.2012. In view of admitted position, we find that the matter can be disposed of in terms of the directions issued in Vartika Tripathi (supra). In Vartika Tripathi (supra), the Division Bench considering similar controversy held thus:- "By this petition, filed under Article 226 of the Constitution, the petitioner has prayed for a direction against respondent no.3 Registrar, Barkatullah University, Bhopal, to declare her result of the Bachelor of Education (B.Ed.) examination for the academic session 2009-2010.
2. The petitioner intending to pursue the course of B.Ed. submitted an online application for admission to 2 W.P.No.4676/2013 Sunil Kumar Vashnav & others State of M.P. & others 8.4.2013 the Department of Higher Education, State of Madhya Pradesh, on 20.2.2010. The State Government, after processing the application, allotted a seat vide Annexure P2 dated 21.4.2010 to the petitioner in respondent no.4 Mata Vaishno Devi B.Ed. College, Bhopal, (in short, “the Institution”.). The admission of petitioner in the Institution for B.Ed. course was for the academic session 2009-10. The Institution was admittedly recognized by the National Council for Teachers Education. The petitioner after attending the classes for the academic session in the institution was allowed to appear in the written examination held by the Barkatullah Vishwavidyalaya on 31.12.2010. It is not in dispute that the admission card, Annexure P5, for B.Ed. examination was issued to the petitioner by the Barkatullah Vishwavidyalaya. According to the petitioner, although she performed extremely well in the B.Ed. examination, respondent no.3 has declined to declare her result on the ground that the affiliation of the institution was withdrawn vide order dated 29.3.2008 from the academic session 2007-2008 onwards.
3. The petitioner submits that she was unconditionally given admission for B.Ed. course in the Institution through online counseling held by the State Government and thereafter was also allowed to appear in the examination by the Barkatullah Vishwavidyalaya. She, therefore, had legitimate expectation that her result will also be declared. The grievance of petitioner is that withholding of her result by the Barkatullah Vishwavidyalaya, is wholly unfair and unreasonable.
4. The Barkatullah Vishwavidyalaya, in its reply, has stated that as affiliation of the Institution in which the petitioner was given admission was withdrawn from the academic session 2007-2008 her result cannot be declared.
5. It is not in dispute that the petitioner was given admission in the Institution by the State Government through online counseling. It is also not in dispute that the Institution was approved for conducting B.Ed. course for the academic session 2009-2010 by the 3 W.P.No.4676/2013 Sunil Kumar Vashnav & others State of M.P. & others 8.4.2013 National Council for Teacher Education. There is even no denial by the Barkatullah Vishwavidyalaya that it did not issue admission card, Annexure P5, to the petitioner for appearing in the main examination. Thus, the petitioner is not found to be at fault in any manner from the stage of taking admission in the Institution till the examination held by the Barkatullah Vishwavidyalaya. If the Barkatullah Vishwavidyalaya had withdrawn the affiliation of the Institution it should not have issued the admission card for examination to the petitioner and allowed her to appear in the same. The fault, therefore, lies more on the Barkatullah Vishwavidyalaya. In the fact situation of the case, we are of the view that at this stage it would be wholly unfair and unjust to deny the petitioner a degree of B.Ed.
6. We accordingly allow the writ petition and direct the Barkatullah Vishwavidyalaya to immediately declare the result of petitioner of B.Ed. examination."
As the controversy involved in this case is identical, this petition is disposed of in terms of the directions issued in Vartika Tripathi (supra). The directions issued in Vartika Tripathi (supra) shall be applicable in the present case, as far as they are applicable. No order as to costs. C.C. as per rules. (Krishn Kumar Lahoti) (B.D.Rathi) Judge Judge C.