HARNESH KUMAR Vs. GURU NANAK DEV UNIVERSITY

JUDGEMENT

(1.) This petition is squarely covered by the single Bench judgment of this Court in CWP No. 149 of 1989 (Bhupinderjeet v. Punjab University, Chandigarh, and another) allowed on 21st March, 1989 by which the admission granted to the petitioner in that case, who had passed the Intermediate Examination from Bihar Pradesh Shiksha Parishad Shripalpur, Patna (Bihar) was held to be in order. He was allowed to appear in the subsequent examinations of the Punjab University and the Punjab University was directed to declare the result of the petitioner of B.Sc. Part II (Medical), so as to enable him to seek admission in B.Sc. Part III.

(2.) In the present case also, the petitioners passed 10 + 2 Examination conducted by the Bihar Pradesh Shiksha Parishad Shripalpur, Patna. On that basis they were granted admission to B.A. Part II by Layalpur Khalsa College, Jalandhar, in July, 1987, and they appeared in the said examination held in April, 1988 but somehow respondent Guru Nanak Dev University, Amritsar, withheld the result of the petitioners as it transpired that even though Bihar Pradesh Shiksha Parishad Shripalpur, Patna, had been recognised by the other Universities but the same had not been recognised by Guru Nanak Dev University. The petitioners represented to the respondent University and brought it its notice that a number of other candidates like them have already appeared in various examinations through colleges affiliated to Guru Nanak Dev University, Amritsar, and their results had since been declared. The withholding of the result of the petitioners, according to them, was an act of discrimination and arbitrariness when they had already been granted admission in the said college and on that basis they had already submitted their admission forms along with fees, etc. and had actually appeared in the annual examinations of the University after attending classes for whole of the session. Ultimately on 25th January, 1989, the respondent University directed the Principals of the affiliated Colleges to remove the names of the students who had passed 10 + 2 Examination from Bihar Pradesh Shiksha Parishad Shripalpur, Patna, and those holding certificate awarded by Varanaseya Sanskrit University, Varanasi Aggrieved by the aforesaid decision of the respondent University, the petitioners approached this Court by way of writ petition. The motion bench, by their order dated 1st March, 1989, as an interim measure, allowed the petitioners to continue to attend the classes and to take the examinations held by the University. By virtue of that, the petitioners have been attending the classes and appeared in the next examinations.

(3.) The respondent University has filed its return in which it has tried to justify its action on the ground that it was under some misconception arising out of the name of the Parishad, that is, Bihar Pradesh Shiksha Parishad Shripalpur, Patna, that the students passing out 10 + 2 Examination of the said Parishad had been held eligible for admission to B.A. Part II Examination of the Guru Nanak Dev University. Otherwise being a non-statutory body, the Parishad was not as such recognised by the University. Same is the position with regard to the other institution known as Varanaseya Sanskrit University, Varanasi.