Punjab-Haryana High Court
Tejinder Singh vs Punjab University on 26 March, 2012
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No.23307 of 2011 1
In the High Court for the States of Punjab and Haryana at Chandigarh
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Date of decision:26.3.2012 Tejinder Singh ..Petitioner Versus Punjab University, Chandigarh and others ..Respondents Coram: Hon'ble Mr. Justice Rajiv Narain Raina Present: Mr.Madan Gopal Gupta, Advocate for the petitioner Mr.Rakesh K.Nagpal, Advocate for respondents no.1 to 3 ..
1. To be referred to the reporters or not?
2. Whether the judgment should be reported in the digest?
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RAJIV NARAIN RAINA, J The prayer in this petition is for issuance of a writ of Mandamus directing the Punjab University, Chandigarh to admit the petitioner to the 3rd Semester B.A., LL.B (Hons.) 5 years Integrated Course and to issue roll number for appearing in the 3rd Semester Examination. The further prayer is for a direction to admit the petitioner to the 4th Semester of the said course.
On 15.12.2011, a direction was issued that in case the petitioner's plea is correct that he had been declared pass in two papers on re-evaluation CWP No.23307 of 2011 2 on 8.12.2011, he would be permitted to appear in the 3rd Semester Examination provisionally and subject to the final outcome of the writ petition. Consequent to the interim order, provisional roll number was issued to the petitioner on deposit of an amount of Rs.68557/- towards fees, including tuition fees. The petitioner had applied for re-evaluation in two papers of the 2nd Semester within the time prescribed on deposit of re- evaluation fees. The result of the re-evaluation was declared on 8.12.2011. On declaration of the result, the petitioner sought admission to the 4th Semester on the ground that he had cleared two papers on re-evaluation. According to the University Admission Guidelines and Rules, admission can be granted to a candidate who qualifies for admission by re-evaluation up to 15th October of the year in question. With the late declaration of result in re-evaluation, the University, on notice of motion having been issued, has pleaded bar of cut-off date to deny the petitioner further admission to the 4th Semester. It is pleaded that the cut-off date is sacrosanct to put to rest the admission process and attach finality to it. Learned counsel for the petitioner argues that his client had applied for re-evaluation within the time prescribed well before the cut-off date and therefore, he cannot be made to suffer on account of late declaration of result of re-evaluation. It is not disputed that the petitioner has cleared the papers and would otherwise have been eligible for admission to the 4th Semester. The result of re-evaluation was displayed on the notice board of the Law Department on 8.12.2011. Rule 12 at page 436 of the Punjab University Calendar Vol.III, 2009 governing the issue reads as under-
"If as a result of re-evaluation a candidate passes at the time Exam., he/she shall be eligible to seek admission to the next higher class within ten working days of the communication of CWP No.23307 of 2011 3 re-evaluation result of him/her. His/her attendance shall be counted from the date of his/her admission. However, no candidate would be granted admission on the basis of re- evaluation result after 31st December of the academic session. In the case of admission to a course having Semester Exam., the date will be October, 15.
Similarly, if a candidate becomes eligible for the Supplementary Examination, he/she may be permitted to appear at the usual supplementary examination in August or thereafter at the time of the next examination only. Such a candidate will also be eligible to seek provisional admission to the next higher class, without late fee, within ten working days of the communication of the result of re-evaluation to him/her and count attendance from the date of his/her admission."
I have heard learned counsel for the parties at length. The issue of delay in declaring the result of re-evaluation has been considered by a Division Bench of this Court in Abhijeet Partap Singh Chaudchary vs. Punjab University, Chandigarh and others (CWP No.18731 of 2007 decided on 14.2.2008) wherein it has been observed as under:-
"So, accepting the above observation, we are of the considered view that the petitioner cannot be allowed to suffer on account of lapse on the part of the University in delaying the result of re-evaluation. Therefore, we accept this petition and direct the respondent-University to allow the petitioner to join classes on 6th Semester forthwith. The respondents shall arrange for extra classes so as to complete the syllabus of fifth semester. The petitioner shall be allowed to appear in the examination of fifth and sixth Semesters and the remaining uncleared papers of third semester and fourth semesters in accordance with the Rules of the University."
Apart from that, even on first principle, I do not see any wisdom in fixing cut-off date as a ground to deny further admission when re-evaluation of answer books applied for within the time permitted and late declaration of result thereof lies exclusively in the hands of the University for which a candidate cannot be penalized. The principle of "relation back" would come to the rescue of the petitioner. I would apply the equitable principle to this case. No other ground was pressed or pleaded before this Court other CWP No.23307 of 2011 4 than the effect of the cut-off date.
In view of the above, this writ petition is allowed. The interim order dated 15.12.2011 is made absolute. The respondent-University is directed to regularize the admission of the petitioner to the 4th Semester. No order as to costs.
(RAJIV NARAIN RAINA) JUDGE 26.3.2012 MFK