Punjab-Haryana High Court
Rekha Sharma vs Vice Chancellor & Or on 9 August, 2016
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.23226 of 2010
Decided on :09.08.2016
Rekha Sharma
... Petitioner
Versus
The Vice-Chancellor, Kurukshetra University and others
... Respondents
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
Present : None for the petitioner.
Mr. A.S. Virk, Advocate
for respondents No.1 and 2.
Mr. Rajesh Goyal, Advocate for
Mr. Pritam Saini, Advocate for respondent No.3.
G.S. Sandhawalia, J. (Oral)
The petitioner seeks direction that she be allowed to continue her class for B.Ed (Regular) Course 2010-2011 and had accordingly approached this Court on the ground that her said course should not be disrupted in the mid-way in December, 2010.
It was her case that she had been granted admission in the said course and had been discontinued for continuing the course, on the ground that she was not eligible.
Vide order dated 05.01.2011, she was permitted to attend the the classes at her own risk and responsibility with the caveat that there would be no equitable right in her favour. On 03.08.2011, it was noticed keeping in view the stand taken by the respondent-University that the eligibility for admission to B.Ed is 50% in graduation or in Master's Degree. The petitioner had 42% marks in graduation, but had relied upon a 1 of 2 ::: Downloaded on - 10-09-2016 23:44:36 ::: CWP No.23226 of 2010 -2- Postgraduate Diploma in Computer Applications issued by the Punjab Technical University, Jalandhar (PTU). Accordingly, directions had been issued to the University to seek instructions whether the diploma issued by the PTU was equivalent to a Master's Degree. Thereafter, the case was admitted for regular hearing.
The University, thereafter, has not placed any material on record by any Academic Council that the contention of the petitioner was not justified and that the said diploma could not be considered as equivalent. Counsel for the University has only placed on record a communication by the Assistant Registrar to the contrary. The petitioner would now have passed out of the said course.
In such circumstances, this Court is of the opinion that it would not be appropriate at this stage to put the clock back and it would be highly unjust. Accordingly, the present writ petition is disposed of by confirming the said orders. The University shall issue the necessary degrees and certificates to the petitioner, in case the same has not been done.
(G.S. SANDHAWALIA)
AUGUST 09, 2016 JUDGE
Naveen
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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