Punjab-Haryana High Court
Arnav Sundra vs The Punjab University on 14 December, 2012
Author: Ranjit Singh
Bench: Ranjit Singh
CIVIL WRIT PETITION NO.13905 of 2011 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: DECEMBER 14, 2012
Arnav Sundra
.....Petitioner
VERSUS
The Punjab University, Chandigarh and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Ms. Harpriya Khaneka, Advocate,
for the petitioner.
Ms. Shunti Gupta, Advocate,
for respondent Nos.1 to 3.
*****
RANJIT SINGH, J.
The petitioner cleared his matriculation examination in the year 2009 by securing 93.2% marks. Thereafter, he cleared his Senior School Certificate Examination from Delhi Public School, R.K.Puram, New Delhi, by taking up Non-medical/Economics stream by securing 75.4% marks. In the year 2011, the University issued a prospectus, outlining the admission criteria. The students from Non- Commerce background were not eligible for admission in the said Course.
The petitioner appeared in the Common Entrance Test on 22.5.2011 and secured 64.75 marks and by adding his marks of CIVIL WRIT PETITION NO.13905 of 2011 :{ 2 }:
Higher Secondary, his merit marks were calculated as 70.075.
The petitioner filled in the application B.Com. LL.B. (Hons.) as his first preference. A provisional merit was prepared and the petitioner was at Sr.No.104. The petitioner's name was considered only for B.A.LL.B. (Hons.) course and not for B.Com. LL.B. (Hons.) on the ground that he is not from Non-Medical background. As per the petitioner, this was done without taking into consideration that he had cleared Economics and Mathematics and, thus, was eligible for admission to regular B.Com. Degree course.
The petitioner made a representation and requested the University to consider his name for admission to B.Com. LL.B. (Hons.). The cut off list prepared for first counselling to B.A.LL.B. (Hons.) course was at Sr.No.67 whereas for B.Com.LL.B. (Hons.), the cut off is at Sr.No.33. The petitioner accordingly has approached this Court through present writ petition, requiring the University to amend the criteria for admission to B.Com. LL.B. (Hons.) Course in order to bring it in consonance with the admission criteria for regular B.Com. Degree course as is being offered by the University.
Initially, there were some issues, which were joined by the University and it was noticed by this Court that there appears to be a contradiction in the eligibility conditions. Subsequently, this Court noticed that Economics and Mathematics would be two subjects and, thus, the issue, which may have been agitated by the University in regard to treating the petitioner as Non-Medical Stream, may not be justified.
Counsel for the University has not seriously contested the CIVIL WRIT PETITION NO.13905 of 2011 :{ 3 }:
pleas raised by the counsel for the petitioner. There is sufficient material on record and as per rule, the petitioner has to be treated as non-medical stream candidate with Economics and Mathematics being two separate subjects. The petitioner is, therefore, held eligible for admission to B.Com. LL.B. (Hons.) course, which is in consonance with the B.Com. Degree Course offered by the respondent-University.
The writ petition is accordingly allowed.
December 14, 2012 (RANJIT SINGH ) khurmi JUDGE