27. As a result, all the writ petitions except Writ-C No. 3276 of 2022 (Smt. Khushboo v. State of U.P. and others) are allowed and the opposite parties are directed to release the ex-gratia payment to the dependents entitled thereto within a period of one month failing which the claims so allowed shall be made good inclusive of simple interest @ 9% p.m. from the date of judgement upto the date of actual payment."
Learned counsel for the petitioners submitted that the petitioners were never communicated the order dated 8.7.2019. He further submitted that the petitioners on the strength of allotment letter issued on 6.7.2019 took admission in the College allotted to them. The College also accepted the fees and permitted them to pursue the course. The College also never pointed out that the allotment letter issued in their favour was cancelled at any stage. He further submitted that in identical facts and circumstances, this court in Writ - C No. 2996 of 2020 (Khushboo Singh and 2 others vs. State of U.P. and 3 others) repelled the same stand of the University and permitted the students to pursue their course on basis of the allotment letters issued to them originally on 6.7.2019. The operative part of the directions given by this court in the said writ petition is as follows: -
Learned counsel for the petitioner states that in similar circumstances Khushboo Singh and others have preferred Writ C No.2996 of 2020 (Khushboo Singh and others vs. State of UP and 3 others) wherein the Court had allowed the writ petition with following observations:-
Learned counsel for parties are ad idem that the issues raised in this petition stand concluded in favour of the petitioner in light of the decision rendered in Khushboo Singh And 2 Others Vs. State of U.P. And 3 Others [Writ -C No. - 2996 of 2020 decided on 05.02.2020] wherein the Court held thus:
I have considered the rival submissions advanced by the learned counsel for the parties and perused the record as well as judgment relied by learned counsel for the applicant. I am of the view that once this fact is admitted that petitioner has duly appeared in entrance examination and also alloted respondent no.4 on the basis of merit. After allotment, she has taken admission in respondent no.4 and attended required number of classes, but could not submit acceptance letter only. There is no violation of merit or any other procedure or requirement of eligibility for appearing in B.Ed examination, therefore, on the ground of mere technicality, she cannot be denied for admission. The Court has also taken the very same view in the matter of Khushboo Singh (supra).
Controversy raised in the present writ petition has already been adjudicated by this Court in Writ Petition No.2996 of 2020 (Khushboo Singh and 02 others Vs. State of U.P. and 03 others), decided on 5.2.2020. This Court on 4th March, 2020 had called upon the respondents to obtain instructions in the matter.
The controversy raised in the present writ petition has already been adjudicated by this Court in Writ Petition No.2996 of 2020 (Khushboo Singh and 02 others Vs. State of U.P. and 03 others), decided on 5.2.2020.
" As a result, all the writ petitions except Writ-C No. 3276 of 2022 (Smt. Khushboo v. State of U.P. and others) are allowed and the opposite parties are directed to release the ex-gratia payment to the dependents entitled thereto within a period of one month failing which the claims so allowed shall be made good inclusive of simple interest @ 9% p.m. from the date of judgement upto the date of actual payment. "