DEVINDER KAUR Vs. GURU NANAK DEV UNIVERSITY AMRITSAR

JUDGEMENT

(1.) The petitioner passed her +2 examination in June/July, 1992, from National Open School, Delhi. According to the petitioner, the curricula consisted of only four subjects, i.e. English, Physics, Biology and Chemistry. On the basis of having passed +2 examination, petitioner sought admission in Lyallpur Khalsa College, Jalandhar (hereinafter called the College) in B.Sc. Part I (Medical), where she had to study the subjects of Zoology, Chemistry, Botany and one optional object like Punjabi, Hindi, Sanskrit etc. The admission was given to the petitioner on 17/08/1992. The petitioner was required to get an eligibility certificate from the Guru Nanak Dev University, Amritsar (hereinafter called the University) because of having passed the +2 examination from an Institution other than the Punjab School Education Board, S.A.S. Nagar (Mohali). The petitioner through the College authorities applies for the eligibility certificate to the University. However, the University informed the petitioner vide letter dated 11/11/1992 (Annexure P-3) that her admission to B.Sc. Part I (Medical) in Lyallpur Khalsa College, Jalandhar was not correct because she had qualified +2 examination from the National Open School with only four subjects; whereas for the session 1992-93 only those students were eligible for admission who had passed the +2 examination from the Open School, Delhi with five subjects.

(2.) On 10/12/1991 the Registrar of the University, addressed a communication to the Principals of all the Colleges affiliated with the University, that for the Session 1991-92, students who had passed Senior Secondary School Examination in Open School Scheme in five subjects (English and four other subjects) had been made eligible for admission in B.A. Part I in the colleges affiliated with the University. It is, further mentioned that it had been generally seen that some students who had passed this examination in four subjects might have obtained provisional admission in B.A. Part I in various Colleges. Keeping in view the difficulties of the student class, directions had been issued to accept the admission of those students during the session 1991-92 only who had passed the examination in four subjects, but those students shall have to pass the examination in the remaining one subject, which is equivalent to the examination of +2 along with B.A. Part I. However, it is further mentioned that during the session 1992-93 only those students who had passed Senior Secondary School Examination in English and four other subjects, will be eligible to take admission in B.A. Part I. Another communication was addressed by the University to Principals of all the affiliated Colleges on 14/07/1992 (Annexure R-3 with the written statement) regarding admission during session 1992-93. It was mentioned therein that those students who had passed Senior School examination from the National Open School, New Delhi in five subjects should be admitted in B.A./ B.Sc./B.Com./B.B.A. because this examination was approved only for the above said courses by the University. It may be, observed here that no such stipulation was made in the prospectus issued by the College.

(3.) The principal of the College addressed a communication to the Registrar of the University on 3/12/1992 (translated copy Annexure P-5 to the writ petition), intimating the University that there were only four subjects in the Open School and the petitioner had passed the four subjects therefrom. Consequently, he requested the University that the petitioner may be given a chance to clear the fifth subject from the Punjab School Education Board, for which she had already submitted the admission form. Further it was mentioned that students who had appeared in +2 examination held by the Punjab School Education Board or even from other Institutions and were placed in compartment, were eligible for admission to B.A. Part I or B.Sc. Part I. It was also mentioned that in fact Punjab University recognises the passing of four subjects only from the open school for eligibility for admission to B.A. Part I or B.Sc. Part I. However, the University informed the petitioner on 11/12/1992 that from the session 1992-93, only those students were eligible for admission to next higher class who had passed the +2 examination from National Open School with five subjects. This led the petitioner to file the present writ petition. By virtue of the interim order of this Court, the petitioner is continuing her studies in the College.