JAI SINGH Vs. PUNJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) SHRI Jai Singh has filed the present writ petition against the University and its Controller of Examinations under Articles 226/ of the Constitution of India seeking directions of this Court in the nature of mandamus and has prayed for quashment of the order Annexure P10 dated 2.4.1996. He has further prayed that he had the right to appear in examination of B.A. 2nd year and B.A. 3rd year in Punjabi (Elective) and History, which were to be commended from April 19,1996, on the basis of his having passed B.A. 1st Year Examination in Punjabi (Elective) and History.

(2.) THE case set up by the petitioner is that on 24.4.1985 University Grant Commission recommended that Three Year Degree Course in Bachelor of Science (Physical Education, Health Education and Sports) be designated as Degree in Bachelor of Science (Physical Education, Health Education and Sports) and held that the products of this Course are eligible for admission to B.Ed., P.Ed. etc. In the year 1989, University framed regulations governing the Three Year Degree Course in Physical Education, Health Education and Sports which provided that the said qualification of B.Sc. (Physical Education, Health Education and Sports) is at par with other three years degree courses like B.A., B.Sc. and B.Com. On 12.4.1992, the Senate granted provisional affiliation in the course(s)/subject(s) in favour of G.H.G. Khalsa College, Gurusar Sadhar for running 3 years degree course in Physical Education, Health Education and Sports w.e.f. the session 1991 -92 and the petitioner joined the said Course run by the Punjab University at the said College in July, 1992. He appeared in the 3rd Year Examinations of B.Sc. (Physical Education, Health Education and Sports) and obtained 1270 marks out of 2400 marks. In October, 1995 he appeared in additional subjects of Punjabi (Elective) and History in B.A. Part -I Examinations and obtained 206 marks out of 400 and was declared pass as is evident from document Annexure P5. In pursuance of his declaration of result he deposited admission fee for appearing in 2nd year and 3rd year examinations of additional subjects of Punjabi (Elective) and History and the deposits were made on 8.12.1995 and 15.12.1995. But unfortunately for the petitioner the Controller of Examinations informed him on 12.2.1996 that he was not eligible to appear as he had not passed B.A. from Punjab University. The petitioner made representation in the month of March, 1996, but the same was declined vide intimation dated 2.4.1996 by the respondent No. 2 and it was stated that he was not eligible to appear in the additional papers as he had not passed B.A. in full subjects. With this background the petitioner has prayed for the issuance of above writs.

(3.) I have heard Mr. V.K. Jindal, Advocate for the petitioner, Mr. Sanjay Kaushal, Advocate for the respondents and with their assistance have gone through the records of this case.