SUSHIL KUMAR Vs. MAHARSHI DAYANAND UNIVERSITY, ROHTAK

JUDGEMENT

(1.) The petitioner applied for admission to B.Ed. Course in the Government College for Education, Bhiwani, respondent No. 3 for the Academic Session 1991-92. The petitioner passed MA. securing 47.66 per cent marks. He was allowed admission by the Selection Committee and he deposited admission fee on November 18, 1991. The/petitioner's admission was cancelled by respondent No. 2 by order dated December 17, 1991 which in turn was communicated to the petitioner by the Principal of the College on December 18,1991. The petitioner has challenged the order of cancellation through this writ petition.

(2.) In response to notice of motion, written statement has been filed by respondents 1 and 2. It has been stated that the petitioner was given admission by inadvertance and when the mistake was discovered, the Selection Committee in its meeting dated December 12, 1991 decided to cancel the admission. In pursuance of that decision, the petitioner was informed about the cancellation on December 18,1991. It was also stated in the written statement that the last candidate admitted in the category of Outside Haryana in Arts had secured 56.7 per cent marks as against the petitioner who had secured merely 47.66 per cent marks.

(3.) Learned counsel for the petitioner made a two-fold submisstion. He contended that while at least 50 per cent marks in the aggregate were required for graduates in Group 'IT no percentage of marks was prescribed in the case of candidates holding Master's Degree in Arts. His second submission is that the petitioner was granted admission in November 1991. He had appeared in the practical examination held in December 1991 and had covered a good part of the academic year 1991-92, and to avoid hardship his admission may be regularised.