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Judgment
The petitioners have been admitted to the B. Tech. (Agriculture) course in the respondent No.2 college on the strength of their merit position in the Pre -Engineering Test Examination conducted by the Professional Examination Board (VYAPAM) in the year 2018. The petitioners have attended the classes and were preparing for appearing in the semester examination scheduled to commence from 7th December, 2018.
In the present writ petition, they are aggrieved for the reason that their names are not shown in the list of admitted students in the respondent No.2 college and they are not likely to be allowed to participate in the examination.
It is the stand of the respondent/University that the petitioners having opted for floating option at the time of counseling for allotment of college and a better ranked college than the respondent No.2 college being available, the petitioners have been allotted respondent No.3 or respondent No.4 college, as the case may be, for pursuing their B.Tech (Agriculture) Course and thus they ceased to be in the roll of respondent No.2 college.
Admittedly, the petitioners have secured admission in respondent No.2 college on the strength of their merit in the entrance examination. The petitioners have been informed about the change of college through SMS, however, they were not issued any communication in writing by the University or by respondent NO.2 college refusing them to attend the classes in the said college. It is for this reason, the petitioners continued to attend the classes in the respondent No.2 college and have never studied in the new college where they were allotted seats under the floating option. It is important to mention that the respondent No.2 college is a private college.
Without going into the question as to whether respondent No.2 college is well equipped or the Government colleges have better facilities, if the petitioners desire to continue with the college where they were initially admitted and have also studied therein for the last about 6 months, ends of justice would be served if the petitioners are allowed to appear in the B. Tech. (Agriculture) Course in the respondent No.2 college, all the more when the said college has no objection to the petitioners' continuation in the college.
Accordingly, the Writ Petition is disposed of permitting the petitioners to prosecute their B. Tech. (Agriculture) course with the respondent No.2 college. The petitioners shall be allowed to appear in the semester examination commencing from 7th December, 2018.
