KADAMBINI Vs. PANJAB UNIVERSITY CHD

JUDGEMENT

(1.) Petitioner Miss. Kadambini passed her B.A. (10+2+3 system) examination from the Respondent-Panjab University, Chandigarh in April, 1991 and obtained 68.5% marks. The University has termed this B.A. with 10+2+3 system as 15 year degree. Petitioner had applied for admission in the Department of Laws of the Panjab University. A candidate who has obtained B.A. Degree from Panjab University is given 10% weightage in marks. Consequently, the petitioner's marks in B.A. for the purpose of admission in Law Department comes to 76.3%. After interview etc. petitioner was placed in the merit list of the selected candidates for admission at serial No. 43, though later on her number in the merit list came to 15 because candidates higher in merit may have not joined. Interview of the petitioner was held on 16.9.1991 and she was supposed to deposit fee and other dues by 17.9.1991.

(2.) It has been alleged in the petition that after interview the petitioner was not feeling well and she went back to Muktsar where she was staying. Because she was not feeling well and was advised complete rest by the Doctor till 18.9.1991 she approached the Law Department on 27.9.1991 with a request that she should be allowed to deposit the fee but the Department officials refused to accept the fee on the ground that the last date for depositing the fee was 17.9.1991. A representation was given by the petitioner to the Head of Law Department that because of unavoidable reasons the fee could not be deposited on 17.9.1991. The end result of all this was that the petitioner was denied admission in the Department though she was at No. 15 in the merit list of 172 candidates in the general category. Petitioner came up in the present writ petition claiming that the Respondent had wrongly denied her admission in spite of her high merit and candidates with low merit had been admitted.

(3.) In one of the clauses of the Prospectus, it is mentioned that if on the 17th day after the start of classes for a particular course the names of those students who fail to attend at least 33% of the total lectures/practicals shall be put up on the Notice Board and within 4 days of such notice, a student who is so short of attendance may give reasons for his absence from the classes, and if the explanation is not found satisfactory the admission shall be cancelled and such seats would be offered to the candidates on the waiting list.