Punjab-Haryana High Court
S.R.Paramedical Institute-Ignou ... vs Indira Gandhi National Open Univeristy ... on 4 March, 2014
Author: G.S.Sandhawalia
Bench: G.S.Sandhawalia
CWP No.14834 of 2013 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.14834 of 2013
Date of decision:04.03.2014
S.R.Paramedical Institute-IGNOU Community College
....Petitioner
Versus
Indira Gandhi National Open Univeristy & another
......Respondents
CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA
Present: Mr.S.P.Chahar, Advocate, for the petitioner.
Mr.Raghubir Tejpal, Advocate, for the respondents.
*****
G.S.Sandhawalia J.(ORAL)
1. Challenge in the present writ petition is to the order dated 20.06.2012 (Annexure P9) whereby the respondent-University took a decision that the Community College Scheme would be subject to a thorough time-bound review, as resolved in the 113th Meeting held on 31.05.2012 and till then, all actions be kept in abeyance. The Vice-Chancellor was further directed to constitute a review Committee and complete the task within 6 months. Challenge is also to the resolution dated 31.05.2012, passed by the Board of Management, to the same effect. Further prayer is for issuance of a writ, in the nature of mandamus, directing respondent No.3, to issue certificates, of the successful candidates, in respective courses, as mentioned in Annexure P16 and to declare the result of the examinations already held of the candidates, as mentioned in Annexure P17 and further, to hold examinations of the candidates already registered with the respondent-University, as mentioned in Annexure P18. Sailesh ranjan 2014.03.11 12:52 I attest to the accuracy and integrity of this document CWP No.14834 of 2013 -2-
2. The pleaded case of the petitioner-Institute is that it is registered with the State of Haryana and has 15 bedded hospital, namely, Mata Ratna Charitable Hospital. The respondent-University launched a Community College Scheme on 04.07.2009 to empower individuals through appropriate skill development, leading to gainful employment. The petitioner-Insitute's proposal for consideration as a Community College was accepted along with 19 other institutes, for starting the Indira Gandhi National Open University Community College on 11.02.2010. 45 students took admission in various paramedical courses and were registered for session starting from July, 2009 and similarly, for the session July, 2010, 101 students took admission in various paramedical courses. For the session January, 2011, 47 students took admission in various paramedical courses and for the session July, 2012, the petitioner-Institute did not make admissions. The University declared the result on 24.02.2012 of the 2009 Batch of all 4 semesters whereas for 2010, only 3 semesters result was declared and for the session of January, 2011, only 2 semesters result was declared whereas, for July, 2012, no examination had been held. Thereafter, the impugned order was passed and the final examinations of the candidates for the session July, 2010 had been held in the month of June, 2012, but the results were not declared. The examinations of candidates who were registered in the session January, 2011 and July, 2011 were not held, leaving the candidates high and dry. Various representations were filed and even a complaint was filed before the City Magistrate and thus, the career of the candidates was at stake. Resultantly, the present writ petition has, now, been filed.
3. In the written statement, filed by respondents No.1 & 2, it was pleaded that in lieu of various reports of all the appeared candidates, the Board of Management decided to discontinue the Community College Scheme. With Sailesh ranjan regard to the declaration of pending results, it has been decided to declare the 2014.03.11 12:52 I attest to the accuracy and integrity of this document CWP No.14834 of 2013 -3- pending results upto December, 2011 term end examination of 130 Community Colleges. The pending results upto December, 2011 had already been declared on line by the University and the process of Grade Cards and provisional certificates to the successful candidates from 146 Community Colleges had already started. It is further pleaded that the University is already working to issue the Grade Cards and provisional certificates and also to conduct the examinations of the existing students admitted in the college till January, 2012 cycle.
4. Thus, from a perusal of the written statement, the case of the petitioner stands admitted and it is a matter of fact that the University is declaring the result and holding the examinations even uptill January, 2012 cycle, whereas the petitioner's last batch is of January, 2011. However, the written statement does not give any clear time schedule, as such, to declare the results of the January, 2011 cycle of which, the petitioner-Institute is concerned and whose students have given the said examinations. It is pertinent to note that the last cycle started on 2011 and the duration of these courses is for a maximum period of 2 years and the last course of maximum period of 2 years would also have finished in January, 2013, of which the students have given the examinations. A period of more than one year has expired and even now, the petitioner-Institute has not held examinations, on account of lack of decision of the respondent- University, leaving the students of the July, 2011 cycle, in high and dry situation.
5. Accordingly, a direction is issued to respondent No.1 that the result of the students of the petitioner-Institute be declared within a period of 2 months from today and the resultant certificates be supplied to them. The respondent- University shall ensure that the examinations are held as per the prescribed course, at the earliest, preferably by 31.05.2014, so that the said cycle is Sailesh ranjan completed, as has been undertaken in the written statement. If the said students 2014.03.11 12:52 I attest to the accuracy and integrity of this document CWP No.14834 of 2013 -4- are allowed to give their examinations and complete their courses, the results of the said students should also be declared, within a period of 4 months, from the holding of the examinations. Respondent-University shall comply with its decision to hold the said examinations, at the earliest.
4. With the abovesaid directions, the writ petition stands disposed of.
04.03.2014 (G.S.SANDHAWALIA)
sailesh JUDGE
Sailesh ranjan
2014.03.11 12:52
I attest to the accuracy and
integrity of this document