RAJIV PURI Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) The petitioners are students of B.Sc. Engineering and are studying in Guru Nanak Engineering College, Ludhiana. They have passed Ist and 2nd Semester examinations. Petitioner No. 1 has secured 69.8 per cent marks in the Ist semester and 71.1 per cent marks in the 2nd semester whereas petitioner No. 2 secured 62.6 per cent marks in the 1st semester and 69.2 per cent marks in the 2nd semester examinations.

(2.) The petitioners applied for migration from Guru Nanak Engineering College, Ludhiana to Punjab Engineering College, Chandigarh. According to the stand taken in the writ petition the petitioners obtained no objection certificate from the Principal, Guru Nanak Engineering College, Ludhiana and have submitted the certificate in original to the Principal, Punjab Engineering College, Chandigarh as required under the rules relating to migration of students. The petitioners claim that respondent No. 6 was allowed migration from Guru Nanak Engineering College, Ludhiana although he had hardly attended the College. He was in the 1st semester. It is further averred that respondent Nos. 3 to 5 were allowed migration from Guru Nanak Engineering College, Ludhiana to Punjab Engineering College, Chandigarh by respondent Nos. 1 and 2. The petitioners further averred in the writ petition that respondent Nos. 3 to 5 have failed in the 1st and 2nd Semester examinations and the passing in the 1st and 2nd semester examinations is one of the basic conditions for migration from one Engineering College to another. Respondent Nos. 3 to 5 who have secured less marks than the petitioners have been allowed migration and the claim of the petitioners for migration was not considered. The petitioners have been denied migration in an arbitrary and unreasonable manner. It is submitted that the petitioners' fundamental right of equality before law and equal protection of law has been violated inasmuch as respondent Nos. 3 to 6 who have secured less marks than the petitioners have been allowed migration.

(3.) Written statement has been filed on behalf of University, respondent No.1 through the Registrar, Panjab University, Chandigarh. In the written statement, the University has admitted that University is a State for the purposes of Article 12 of the Constitution of India. It is, however, stated in the written statement that migration is a matter of discretion with the University and no candidate can claim migration as a matter of right. A vague attempt was made to justify that respondent Nos. 3 to 5 have not failed in the 1st and 2nd Semester examinations.