HITKARINI LAW COLLEGE Vs. ASHISH KUMAR PATHAK

JUDGEMENT

(1.) THIS writ appeal has been preferred by the hitkarini Law College aggrieved by the decision of the Single Bench in as much as awarding the compensation of Rs. 20,000/-to the respondent no. 1 as he was given admission illegally in first year of three years' law course.

(2.) IT is not in dispute that respondent no. 1 Ashish pathak appeared in the entrance examination and obtained 37. 4% marks whereas minimum passing marks in the Pre Law Test was 40%. It is also not in dispute that the respondent no. 1 was not entitled for admission as per his performance in pre Law Test. That part of order of Single Bench has attained finality.

(3.) THE respondent no. 1 preferred petition praying for the relief to quash the order, annexure P/7, by which his examination form was cancelled by the University on the ground that he failed to enclose the certificate of passing Pre Law Test. An interim order was passed during the pendency of the writ petition pursuant to which respondent no. 1 appeared in the examination of law First year in which he was found guilty of using unfair means and was debarred for three years, is also not in dispute. The learned single Judge held that respondent no. 1 could not have been admitted. He was wrongly admitted by the College. University was directed to consider the case of the petitioner whether it was possible to grant relaxation. Following is the operative portion of the order passed in w. P. No. 1761/05 on 3. 7. 05 :