ARVINDER SINGH ATWAL Vs. GURU NANAK DEV UNIVERSITY

JUDGEMENT

(1.) Arvinder Singh Atwal through present petition filed by him under Article 226 of the Constitution of India seeks a direction to be issued to respondent-Guru Nanak Dev University, Amritsar to grant sanction to his admission in B.D.S. First Year Course of Guru Nanak Dev University, Amritsar as also to permit him to take examinations which are to be held on 17.5.1993. The facts on which the relief, as indicated above flows need to be enumerated first.

(2.) Petitioner did his High School Graduation from Maple Heights City School District, Maple Heights, Ohio, U.S.A. It is stated that this education is equivalent to what is called in Indian terminology 10+2 and in fact it is little higher than the said qualification of the Indian standard. He applied for admission in the First Year Course of B.D.S. for the year 1992-93 in Shri Ram Das Institute of Dental Sciences & Research, Amritsar, under the category of foreign students. It is stated that 15 seats are reserved for the category of foreign students in the First Year Course as is clear from the Prospectus for the year 1992-93. The petitioner completed his course of the lectures of the First Year and it is stated that he is eligible to take his examination for the First Year to be started from May 17, 1993. However, on 29.4.1993, when he had studied for almost a year, a communication was received by him from the University informing him that he is not eligible to take his examination and that his candidature has not been approved by the University. Pained at the action taken during the currency of his studies after about a year or so, he was constrained to make an application to the University informing it that he was eligible for the course. The details of the subjects studied by him were enumerated in the representation aforesaid. It was on 29.4.1993 for the first time that the petitioner was intimated the reason for cancellation of his candidature for admission. It was stated by the University that he had not taken up Chemistry as a subject in the 11th and 12th classes while doing High School Graduation. It is this action of the University which has been challenged in this writ petition.

(3.) The case of the petitioner is that the system of education in the High School of Maple Heights, Ohio, U.S.A. is that it is a four years course before the necessary certificate of High School Graduation is issued. The students have to study in four years and standard in each subject is higher than prescribed for 10+2 in India. It is, however, option of the student to complete the study of his specific subject in any class in four years. That being the choice, the petitioner had completed his complete course of Chemistry which is meant for the High School Graduation in the U.S.A. and is considered equivalent to 10+2 in India. The petitioner completed his syllabus in Chemistry in 10th Class of his High School with 70% marks and according to the system prevalent there, the petitioner was not to repeat Chemistry in his 11th and 12th classes as whatever study he had to make in 11th and 12th classes had already been made while doing 9th and 10th classes. It is stated that because of this mistake made by the University, his admission was not approved and his candidature was cancelled. However, before the petitioner filed the present writ petition, he had shown the letter issued by the Principal of Maple Heights High School, Ohio, U.S.A. wherein it is clearly stated that he had been graduate in June, 1992 in the subjects like Chemistry and various other subjects. A copy of the letter aforesaid has been placed on the records of the petition is Annexure P4.