Honble Amitava Lala, ACJ.—This special appeal has been made challenging the order dated 26th February, 2010 passed by learned Single Judge. By passing the interim order the learned Single Judge has held that so far as B.A. Part-II and B.A. Part-III are concerned the students are permitted to appear provisionally in the forthcoming examination, if otherwise they are eligible, in the neighbouring institution, but students could not have been admitted in B.A. Part-I for the academic session 2009-2010 since the affiliation stood expired on 30th June, 2009 and under Section 37 (10) of the Uttar Pradesh State Universities Act, 1973 (hereinafter in short called as ‘the Act’) fresh admission could not have been made. Therefore, no direction has been given permitting the B.A. Part-I students to appear in the examination.

2. Learned Counsel appearing for the appellant has contended before this Court that the previous affiliation has expired on 30th June, 2009. Earlier it was granted under Section 37 (2) of the Act from 1st July, 2006. The application was made for permanent affiliation or extension in the month of June, 2009. A Committee was constituted by the University and the Commi