JUDGEMENT
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(1.)ARUN Tandon, J. Heard Sri V. B. Upadhyay Senior Advocate, assisted by Sri A. K. Goyal Advocate on behalf of the petitioners, Additional Advocate General Sri Sudhir Agrawal and Chief Standing Counsel Sri S. M. A. Kazmi on behalf of Respondent Nos. 1, 2 and 3 and Sri Neeraj Tiwari on behalf of Respondent No. 4.
(2.)WITH the consent of the parties, since counter affidavit and rejoinder affidavits have already been exchanged, the present writ petition is being disposed of at the admission stage itself.
The Petitioner No. 1, which is an association of self financed institutions, is a society duly registered under the Societies Registration Act. The aim and object of the society is to develop higher education and to look after the welfare of the members of the society. The members of the society are managements of institutions of higher education in professional courses without aid of the Government. The petitioner No. 2 is a society with similar aim and object. The members of the said society are technical institutions. Petitioner Nos. 3 and 4 are institutions, which are unaided and are members of the petitioners' society Nos. 1 and 2. They have joined as co-petitioners in the present writ petition.
Respondent Nos. 1 to 4 are the State Authorities, who monitor and control higher education including admission in various professional and technical courses. Respondent No. 4 is the U. P. Technical University Lucknow to which Technical and Professional Institutions (hereinafter referred to as Unaided Professional Institutions) are affiliated.
(3.)BY means of the present writ petition the petitioners have prayed for a writ of certiorari for quashing the Government Order dated 26th July, 2004 and 29th July, 2004 (Annexures-10 and 11 to the writ petition respectively) and further for a direction upon the respondents not to interfere in the right of the petitioners to fill up the management quota seats as well as the lapsed seats of the Government quota in various programmes on merit to be judged on the basis of the marks obtained in the qualifying examination (i. e. Class-XII and other equivalent examination ).
By means of the Government Order dated 26th July, 2004 (Annexure-10 to the writ petition) it has been provided that seats reserved for Scheduled Caste/other Backward Classes category candidate shall not be filled in any circumstance from the members belonging to general category.
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