Punjab-Haryana High Court
Pankuri Sundra vs The Punjab University And Others on 27 July, 2012
Author: Ranjit Singh
Bench: Ranjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 15546 of 2011
Date of decision : 27.07.2012
Pankuri Sundra .....Petitioner
VERSUS
The Punjab University 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. Shruti Gupta, Advocate for
Mr. Anupam Gupta, Senior Advocate
for the respondents.
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RANJIT SINGH, J.
The petitioner is before this Court with a grievance that she got delayed in getting admission in Integrated 5 years Law Course despite being meritorious on account of fault on the part of the University. Ultimately, the petitioner could get order from this Court on 15.12.2009, where the University is stated to have admitted their mistake in not granting admission to the petitioner, who was having better merit. Therefore, an additional seat was created by the respondent-University and the petitioner was granted admission in B.A. (Hons.) LLB 5 years integrated course. By the time, the petitioner could get admission pursuant to the order passed by this Court, the first semester examination had already been over. Attributing this delay in getting admission entirely to the respondent- University, the petitioner has approached this Court to allow her to Civil Writ Petition No. 15546 of 2011 -2- appear in examination of first semester subsequently. When the petitioner approached this Court, she was in 5th semester. By now, she has already moved on to 7th semester. Despite assurance, the department has not come forward to help the petitioner. Now the petitioner has come up with the plea that she be allowed to take classes for the first semester alongwith other semesters.
Notice was issued to the respondent-University and reply has been filed. Efforts were made to solve this puzzle, which primarily appears to have been caused due to fault on the part of the University. Efforts finally have not succeeded in any concrete relief for the petitioner. Even Bar Council through its chairman was impleaded and was called to appear before this Court. The University was directed to determine the petitioner's eligibility by counting the required percentage of lectures/attendance for appearing in the semester examination with effect from the date when she was actually granted admission under the orders of this Court. It was further directed that if the petitioner had obtained the requisite percentage of attendance from the said date of admission then she shall be permitted to appear in first semester examination alongwith other semester examinations.
Mr. Anupam Gupta, senior counsel appearing for the University has pointed out that the petitioner had not attended even single lecture of first semester. As disclosed, when the petitioner was granted admission under the orders of this Court, the examinations were due to commence and so this was the peculiar situation for Civil Writ Petition No. 15546 of 2011 -3- which the petitioner could not attend even single lecture delivered. This is the dilemma, which now confronts the petitioner. The University was still required to have instructions in case some solution could be found in this case. Counsel for the University today submits that after completing 7 semesters or the complete study up to 10 semester, the petitioner can attend the classes for first semester and on completion of requisite number of lectures, she would be permitted to appear in the first semester examination.
Counsel for the petitioner is justified in making grievance that this may make her lose a complete one year. The efforts were made to find if some legal solution is possible to this problem but I could find none. This proposal of the University is finally accepted by the counsel for the petitioner and it is so approved. The petitioner shall be permitted to attend the classes of first semester either on completion of 7th semester or on completion of study up to 10th semester, as per her convenience. Thereafter, the petitioner shall be permitted to appear in the examination for first semester and her result shall, accordingly, be declared. The petitioner would be at liberty to move for damages, if she feels aggrieved against the action of the University in denying her admission leading to this loss in the career of the petitioner.
The writ petition is, accordingly, disposed of.
July 27, 2012 ( RANJIT SINGH ) rts JUDGE