ASHWANI KUMAR Vs. PUNJAB UNIVERSITY AND ANR.

JUDGEMENT

(1.) THE petitioner has prayed for quashing of the notice dated 21.6.2013 issued by respondent No. 2 through which all the Principals of the B.Ed. colleges have been informed that the migration certificates of the students must reach in the University office along with late fee of Rs. 500/ - upto 28.6.2013, otherwise they will not be allowed to appear in the said examination commencing w.e.f. 02.07.2013. The case of the petitioner is that he graduated in Arts as a regular student from Government College for Men, Sector 11, Chandigarh in April 2009 and pursued Masters degree in Economics through correspondence from Panjab University. When the petitioner took M.A. (Economics) final year examination and its result was awaited he got admission in B.Ed. (Bachelor of Education) in V.B. College of Education, Jind Bye -pass Road, Rohtak on the basis of his Graduation degree. At the time of admission, he was asked to submit migration certificate but he asserted that since his result of M.A. (Economics) final year is awaited, Panjab University has not issued him the migration certificate which shall be issued after declaration of result and as soon as it is given to him the same shall be deposited with the College. On this account, the petitioner was given admission in B.Ed. College and time was extended for him to deposit the migration certificate in future but the petitioner could not clear M.A. (Economics) final year examination and the Panjab University allowed him to clear the said paper in supplementary examinations which were held in the month of October 2012. Petitioner could not clear supplementary examination as well and obtained the last chance (mercy chance) to clear M.A. (Economics) final year examination which was held in April 2013 and the result thereof is still awaited. While the petitioner was pursuing his Post Graduation studies, the examination of his B.Ed. course were also declared and respondent No. 2, by way of impugned notice (Annexure P -4) informed the Principals of B.Ed. Colleges to submit migration certificates to the University office with the late fee upto 28.6.2013 otherwise the person whose migration certificate is not submitted within the stipulated period would not be allowed to appear in the B.Ed. Examination commencing w.e.f. 2.7.2013. The petitioner immediately sought migration certificate on the basis of his graduation degree, cleared in April 2009, and deposited migration certificate fee but according to him, the migration certificate was not issued and was orally told that the application cannot be entertained because his result of supplementary examination of M.A. (Economics) final year is awaited.

(2.) COUNSEL for the petitioner has submitted that the petitioner is ready to forego his claim of appearance in any examination of M.A. (Economics) final year supplementary examination in case migration certificate is issued to him to appear in his B.Ed. examination as he is apprehensive that because of instruction No. 3 appended on the application form of Inter -University Migration he may not be issued the migration certificate.

(3.) THE petitioner cannot take benefit of these instructions alleging that he would not appear in any of M.A. (Economics) final year supplementary examination in future when he had already appeared in the said examination and its result is still awaited. This provision would apply in a case where the student has not appeared in compartment/reappear examination and has given in writing that he will not appear in the compartment/reappear subject(s) of the examination concerned of the University and not to the students who have already appeared in the examination and their results are awaited. In view the aforesaid circumstances, I do not find any weight in the contention raised by counsel for the petitioner and hence finding the writ petition denuded of any merit, the same is hereby dismissed.