By the Court.—Heard Sri Neeraj Tiwari, learned counsel for the appellant, Sri S.K. Srivastava, learned counsel for respondent No. 1 and learned Standing Counsel for respondent No. 2.

2. Learned counsel for the parties agree that this special appeal be decided at this stage, without calling for any further affidavits.

3. This is a special appeal against the judgment and order of the Hon’ble Single Judge dated 11th November, 2008, whereby the writ petition filed by respondent No. 1, Vinay Gupta has been allowed.

4. Brief facts necessary for appreciating the issues raised in the special appeal are as follows :

The appellant University published a notice for admission to LL.B. three years degree course. The respondent No. 1 applied in pursuance thereof and was permitted to appear in the entrance test, in which out of nearly 4,000 students he secured 35th position. However, he was not granted admission by the University on the ground that he did not have 45% marks at the graduation level. The denial of admission was challenged by the respondent No. 1 in the aforesaid writ petition, the writ petition has been allowed by the Hon’ble Single Judge.

5. The Hon’ble Single Judge under the