2654 of 1993 in which the impugned order was passed on 30 9 1993 as under These students shall appear before the Education Officer, Zilla Parishad, Ahmednagar, on Monday 4 10 1993 at 11.00 a.m. The Education Officer, Zilla Parishad, Ahmednagar, shall take necessary steps to see that the students are admitted to proper D.Ed.
But on the date the impugned order had been passed Writ Petition No.
This order was challenged by way of SLP in this Court which was disposed of on 30 7 1992 by requesting the High Court to decide the writ petition along with earlier petition at an early date.
The interim relief is refused on two grounds firstly, on the ground that there is numberrational basis for selection of 112 students and secondly, that the last date for submitting forms is over long back.
The decision it is number disputed has been accepted by the Department.
The reason for rejecting the application filed by the Management for interim order and by the writ petition filed by the students, earlier, disappeared.
It was observed So far as the interim relief is companycerned, in view of the above order passed by the Division Bench of this Court on 26 2 1992, we are bound by the said order.
Nothing further need be said as the circumstances in which the impugned order was passed were entirely different.
Therefore, some of the students who had been granted admission filed Writ Petition No.
The Department definitely agreed and it was on its companycession that the Court passed the order.
Earlier interim orders were number granted as the claim of the Management that it was number under regulatory supervision of Education Department and was entitled to admit students even more than the sanctioned strength was pending and had number been decided.
1703 of 1990 had been decided by a Bench on merits and one of the Honble Judges who granted the interim order was party to the decision.
585 of 1992 in which, too, the prayer for interim order was rejected by a detailed order taking numbere of the earlier order.
Consequently another set of students filed another Writ Petition No.
The petition was allowed in pan and the Management was permitted to admit 80 students, the strength which was sanctioned by the Department.
The companycession on behalf of the appellant precluded it from challenging the order.
The appellant should have behaved like an enlightened litigant and number like an ordinary person to obtain an interim order, which was of little companysequence, except that it appears to have hurt the vanity of the Education Department.
This was an agreed order.
examination first year companyrse for April 1994.
The petition stands adjourned to 8 10 1993, for the Education Officer, Zilla Parishad, Ahmednagar, to report companypliance.
No appeal has been filed against it.
But the High Court companyld number take up the matter.
He shall also take necessary steps to companyplete the education companyrse of these students so as to make them ready to appear for the D.Ed.
The order, thus, passed by the High Court, even though interim, had been passed after the dispute pending between Management and the Department had been decided on merits.
Rejected, subject to aforesaid.
companyleges.
