RITESH PANDITA SON OF ASHOK KUMAR PANDITA Vs. VICE CHANCELLOR, KURUKSHETRA UNIVERSITY; KURUKSHETRA UNIVERSITY, THROUGH ITS REGISTRAR AND PRINCIPAL, MUKAND LAL NATIONAL COLLEGE

JUDGEMENT

(1.) The present petition under Article 226/227 of the Constitution of India, has been filed for issuance of a writ of mandamus for quashing the letter dated January 4, 2002 (Annexure P4) and for issuance of directions to the respondents to accept the examination form along with examination fee and to issue roll number to the petitioner for B.Sc. Part-II (Computer Application) Examination, which was to held with effect from March 13, 2002.

(2.) The petitioner appeared in the 10+2 Examination of the Jammu & Kashmir State Board of School Education (for short 'the Board') in March 2000. He got compartment in the subject of Chemistry. He was given provisional admission in B.Sc. Part-I (Computer Application) Course in Mukand Lal National College, Yamunanagar (for short 'the College'), which is affiliated to the Kurukshetra University (for short 'the University') in July 2000. At the time of admission, the petitioner was told by the University as well as the College Authorities to clear the compartment paper of the Board in two attempts. In the first chance the petitioner did not appear in the compartment examination of the Board, as he allegedly fell ill. He appeared in the second chance of compartment examination in March/April, 2001. However, the Board cancelled the paper of the centre, where the petitioner appeared, on account of adverse reports received by the Board with regard to conduct of the said examination on April 6, 2001. A notification of the Board with regard to that is at Annexure P1. Thereafter, the examination of the said paper was conducted by the Board in October/November 2001. The petitioner appeared and passed the Chemistry paper of 10+2 Examination of the Board. The petitioner was also allowed to appear in B.Sc. Part-I (Computer Application) Examination of the University held in April 2001. However, the result was not declared by the University. Anyhow, he was also allowed admission in B.Sc. Part-II Class vide letter No. Regn./R-III/4144 dated August 21, 2001. The Principal of the College (respondent No. 3) wrote a letter dated December 10, 2001 (Annexure P3) to the University authorities to regularise the admission of the petitioner to the B.Sc. (Computer Application) Course and for declaration of result of B.Sc. (Part-I) Examination held in April 2001. However, the University authorities declined to regularise the admission and to declare the result of B.Sc. Part-I Examination of the petitioner on the ground that the petitioner could not pass the Compartment Paper of 10+2 Examination of the Board in two attempts. A copy of the letter dated January 4, 2002 written by the University authorities to the Principal of the College is at Annexure P4. It is against this decision of the University that the present writ petition has been filed.

(3.) It may be mentioned that at the time of issuance of notice of motion, a Division Bench of this Court allowed the petitioner to appear in the B.Sc. Part-II Examination. Ultimately, the petition was admitted vide order dated September 3, 2002. It is pertinent to mention here that the results of B.Sc. Part-II as well as of B.Sc. Part-I Examinations have not as yet been declared by the University. During the pendency of the writ petition, the petitioner filed Civil Misc. No. 253 of 2003 whereby it has been prayed that a direction be issued to the University authorities to issue the examination form pertaining to 3rd year of the B.Sc. (Computer Application) Course as well as the roll number in order to enable him to appear in B.Sc. Part-III Examination to be held in April 2003. The writ petition as well as the Civil Misc. application are being disposed of by this judgment.