LAWS(P&H)-2013-9-810

AMIT CHHIKARA Vs. PANJAB UNIVERSITY AND OTHERS

Decided On September 10, 2013
Amit Chhikara Appellant
V/S
Panjab University And Others Respondents

JUDGEMENT

(1.) The case set up by the petitioner is that he got admission in one year Bachelor of Physical Education (B.P.Ed.) Course in Maharishi Dayanand University, Rohtak, in the year 2012. Respondent no.1-Panjab University invited applications for admission in various post graduate courses in the month of April 2013 by way of Common Entrance Test (P.G.) 2013 (CET-PG-2013). The prospectus was released on 05.04.2013 as per which there were 28 seats in Master of Physical Education (M.P.Ed.) course. The applicants were required to apply on-line for the CET-PG- 2013. The eligibility criteria for taking admission in M.P.Ed. Course was that the candidate either should have passed or appeared in B.P.Ed. Course.

(2.) The petitioner having appeared in 2 nd Semester exam of the B.P.Ed. Course in Maharishi Dayanand University, Rohtak, in 2013, was eligible and, thus, applied for the entrance test, whereas the exam of the CET-PG-2013 was held on 07.06.2013 in which the petitioner secured 42 nd rank having obtained 25.5 marks out of 75. After declaration of result of CET-PG-2013, the petitioner was required to fill up the admission form, along with all documents, such as degree of qualifying exam and other requisite certificates and the last date for submission of application form was 06.07.2013. Since the result of B.P.Ed. 2 nd Semester of the petitioner was not declared by the Maharishi Dayanand University, Rohtak, as on the last date of submission of application form for admission, he submitted the application form without result of 2 nd Semester of B.P.Ed. Course, but even by that time result of the B.P.Ed. course of the Panjab University was also not declared. After the application form was submitted, Physical Endurance Test was also cleared by the petitioner on 17.07.2013, but by that time result of the petitioner of B.P.Ed. 2 nd Semester was not declared.

(3.) However, the final conselling took place on 20.07.2013 which was a Saturday and on that day the Administration Branch of the Maharishi Dayanand University, Rohtak was closed and the petitioner could not get his provisional/final result of B.P.Ed. 2 nd Semester but the Panjab University, being the host University, declared the result of B.P.Ed. course even on Saturday i.e. 20.07.2013 and the counselling was conducted. According to the petitioner, he represented to the Dean, University Instructions, and prayed for 2 days time to produce the result from the MD University, which he got on 22.07.2013 and produced before the Dean, University Instructions, Panjab University. It was forwarded by the office of the Dean, University Instructions on the same day to respondent no.2 but in the merit list prepared by respondent no.3, name of the petitioner was not figured for the purpose of admission which was displayed in the Department of Physical Education in the evening of 23.07.2013.