SAURABH SOOD Vs. THE PANJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) Does Regulation 26 of the Panjab University Calendar, Volume II, debar a Graduate in Science from offering Music as an additional subject This is the short question that arises for consideration in this petition. A few facts as relevant for the decision of the case may be noticed.

(2.) In September 1999, the petitioner qualified the Bachelor of Science examination from the Panjab University, Chandigarh. He applied for permission to appear in the additional subject of Music. He was allowed to take the B.A. Part I examination under R.No. 14193. His result was declared on July 23, 2001. The petitioner secured 71 marks out of 80 in theory and 93 marks out of 120 in practical. Thus, he secured 164 marks out of 200 in Music (Vocal). Thereafter, the petitioner applied for permission to appear in the Part II examination. The permission was declined. He represented. Having failed to persuade the University to accept his contention, the petitioner has approached this Court through the present writ petition. The petitioner prays that the order dated March 11, 2002 by which his request for admission to the Part II examination was rejected be set aside and that the Respondent- University be directed to permit him to appear in the Part II and III examinations.

(3.) A reply has been filed on behalf of the Respondent-University by its Registrar. It has been admitted that the petitioner had taken B.A. Part I examination in the additional subject of Music (Vocal) in April 2001. He had passed. However, the respondent states that "this was a sheer mistake on the part of the office." According to the respondent, "Music (Vocal) was an additional subject which could only have been opted with the Arts stream and not with the B.Sc. stream since it is covered under the faculty of Articles" On this basis, the respondent maintains that the petitioner is not entitled to appear for the additional subject of Music (Vocal).