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Punjab-Haryana High Court

Ravi Rawat vs Pt.B.D.Sharam University Health ... on 14 September, 2016

Author: G.S.Sandhawalia

Bench: G.S.Sandhawalia

Civil Writ Petition No.13518 of 2016                              -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                           Civil Writ Petition No.13518 of 2016
                           Date of decision: 14.9.2016

Ravi Rawat                                                        ...Petitioner

                             Versus

Pt. B.D.Sharma, University of Health Sciences, Rohtak and another

                                                             ...Respondents

CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA

Present:     Mr. Keshav Pratap Singh, Advocate for the petitioner.

             Mr. Ramesh Hooda, Advocate for respondent no.1.
                                  ***
G.S.SANDHAWALIA, J. (Oral)

The petitioner has sought a declaration that result of B. Pharmacy (Final Year) be declared so that he could take admission in Master of Pharmacy.

The ground for approaching this Court was that there was a delay in declaring the result on account of postponement of examination by respondent-University and therefore the petitioner's chances for securing admission had been jeopardized. It was further averred that the petitioner had obtained 77.86% in aggregate for the earlier years and the criteria for qualifying was minimum 60% marks in NIPER JEE 2016 for the M- Pharmacy Course.

Vide order dated 19.7.2016, it was directed that respondent no.2 shall provisionally consider the case of the petitioner for admission on the strength of marks obtained in the earlier years subject to final decision of the writ petition. The admission was provisional and in case he did not achieve the requisite standards at the time of final declaration of result, there 1 of 2 ::: Downloaded on - 18-09-2016 00:11:34 ::: Civil Writ Petition No.13518 of 2016 -2- would be no right of equity.

Counsel for the petitioner points out that now the result has been declared and the petitioner has got 78.55% marks in aggregate while securing 1130 out of 1400 marks in the 4th Semester. It is thus apparent that on account of delay in holding the qualifying examination he has been prejudiced.

Resultantly, keeping in view the above facts that the petitioner has achieved the necessary eligibility criteria after calculating the marks of all the years, this Court is of the opinion that interim order dated 19.7.2016 deserves to be confirmed.

Accordingly, the present writ petition is disposed of by confirming the interim order dated 19.7.2016. Provisional admission granted to the petitioner by respondent no.2 shall be regularized.

September 14, 2016                                     (G.S.SANDHAWALIA)
Pka                                                            Judge


Whether speaking/reasoned                              Yes/No

Whether reportable:                                    Yes/No




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