PARDEEP KUMAR Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) THE petitioner Pardeep Kumar who had passed the All India Secondary School Examination conducted by the Central Board of Secondary Education. , New Delhi, in the year 1980, was admitted by Goswami Ganesh Dutt Sanatan Dharma College, Chandigarh (respondent No. 2) in the Pre-University class. His admission form was also received by the University for the examination to be held in 1980-81. His roll-number was despatched to the college by the University, but the same was withheld from the petitioner. This led the petitioner to file the present writ petition seeking a direction to the Principal of the Sanatan Dharma College, Chandigarh (respondent No. 2) and the Punjab University (respondent No. 1) to confirm the admission of the petitioner and allot to him registration number, release his roll number and permit him to take the examination.

(2.) THE stand taken by the Principal in his return was twofold (1) that the petitioner had not secured requisite marks in the monthly test and the test held in December and such students who did not secure the requisite marks in such tests were not permitted to appear in the annual university examination. The principal of a private affiliated college is given the discretion to hold a special test for such students and students who secure 30% or above in this special test, their provisional admission to the examination is confirmed. Since the result of the special test held from 24-3-1981 to 31-3-1981 was not declared prior to the filing of the writ petition, his roll number remained withheld from him. The petitioner having secured 30% marks in the special test, his roll number was to be released to him, even if he had not filed the present petition; and (2) that the admission of the petitioner was provisional, as he had not passed in English in the Secondary School Examination held by the Central Board and a condition stood incorporated to his knowledge in the prospectus that such students who had not passed in English subject offered in the given examination had to pass in that subject before April, 1981. Since the petitioner had not complied with the aforesaid condition, so by virtue of the University Regulation 2. 1 contained in the Punjab University Calendar, 1979 (Vol. II), Chap. 9 at page 41, he was not entitled to appear in the Pre-University Examination in question.

(3.) PUNJAB University, respondent No. 1, in its reply took up the stand that under Regulation 2. 1 of the Punjab University Calendar, 1979 (Vol. II), before a candidate becomes eligible for admission to the Pre-University examination, he must pass in the subject of English. As the petitioner failed in the subject of English, he was not eligible for admission to the Pre-University class. Provisional admission to Pre-University class was by way of concession. It was made clear in the 'introductions to the Principals' and the prospectus issued by the colleges on that basis, that the candidates who had failed in the subject of English were provisionally admitted subject to their qualifying in the deficient subject of English by April, 1981.