TEJINDER SINGH Vs. PUNJAB UNIVERSITY, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) The prayer in this petition is for issuance of a writ of Mandamus directing the Punjab University, Chandigarh to admit the petitioner to the 3rd Semester B.A., LL.B (Hons.) 5 years Integrated Course and to issue roll number for appearing in the 3rd Semester Examination. The further prayer is for a direction to admit the petitioner to the 4th Semester of the said course.

(2.) On 15.12.2011, a direction was issued that in case the petitioners plea is correct that he had been declared pass in two papers on re-evaluation on 8.12.2011, he would be permitted to appear in the 3rd Semester Examination provisionally and subject to the final outcome of the writ petition. Consequent to the interim order, provisional roll number was issued to the petitioner on deposit of an amount of L68557/- towards fees, including tuition fees. The petitioner had applied for re-evaluation in two papers of the 2nd Semester within the time prescribed on deposit of reevaluation fees. The result of the re-evaluation was declared on 8.12.2011. On declaration of the result, the petitioner sought admission to the 4th Semester on the ground that he had cleared two papers on re-evaluation. According to the University Admission Guidelines and Rules, admission can be granted to a candidate who qualifies for admission by re-evaluation up to 15th October of the year in question. With the late declaration of result in re-evaluation, the University, on notice of motion having been issued, has pleaded bar of cut-off date to deny the petitioner further admission to the 4th Semester. It is pleaded that the cut-off date is sacrosanct to put to rest the admission process and attach finality to it. Learned counsel for the petitioner argues that his client had applied for re-evaluation within the time prescribed well before the cut-off date and therefore, he cannot be made to suffer on account of late declaration of result of re-evaluation. It is not disputed that the petitioner has cleared the papers and would otherwise have been eligible for admission to the 4th Semester. The result of re-evaluation was displayed on the notice board of the Law Department on 8.12.2011. Rule 12 at page 436 of the Punjab University Calendar Vol.III, 2009 governing the issue reads as under- "If as a result of re-evaluation a candidate passes at the time Exam., he/she shall be eligible to seek admission to the next higher class within ten working days of the communication of re-evaluation result of him/her. His/her attendance shall be counted from the date of his/her admission. However, no candidate would be granted admission on the basis of reevaluation result after 31st December of the academic session. In the case of admission to a course having Semester Exam., the date will be October, 15. Similarly, if a candidate becomes eligible for the Supplementary Examination, he/she may be permitted to appear at the usual supplementary examination in August or thereafter at the time of the next examination only. Such a candidate will also be eligible to seek provisional admission to the next higher class, without late fee, within ten working days of the communication of the result of re-evaluation to him/her and count attendance from the date of his/her admission."

(3.) I have heard learned counsel for the parties at length. The issue of delay in declaring the result of re-evaluation has been considered by a Division Bench of this Court in Abhijeet Partap Singh Chaudchary v. Punjab University, Chandigarh and others (CWP No.18731 of 2007 decided on 14.2.2008) wherein it has been observed as under:-