SANJIV BANSAL Vs. THE PANJAB UNIVERSITY

JUDGEMENT

(1.) Sanjiv Bansal through present petition filed by him under Article 226 of the Constitution of India seeks writ in the nature of mandamus directing the respondents to grant him admission in the LL.M. Part I in accordance with his merit.

(2.) The facts of the case reveal that petitioner was placed in first division throughout his career. He secured 837 marks out of 1200 marks in Matriculation eximination i.e. 69.7%. In graduation, he secured 431 marks out of 650 marks. He ought admission in LLB. course in the respondent-Department in the year 1989. He passed the said course by securing 616 marks out of 1000 marks i.e. 61.6 per cent narks. In the year 1992, he sought admission in the Department of Law in the LL.M. Course and on the basis of merit, he was granted admission. He, however, could not complete his lectures due to certain family circumstances as also that on account a accident, he had to remain to the hospital for quite some time. The obvious result was that he could not appear in the examination, thus, necessitating him to seek re-admission in LL.M. course in the year 1993.

(3.) The Department of Laws, Panjab University, Chandigarh issued Prospectus for conducting admission to various decree and diploma courses including LL.M. Course, for the session 1993-94. There were 20 seats for LL.M. and admission was to be made on merit to be determined after giving weightage in certain circumstances. Further, in accordance with the Prospectus, admission to LL.M. course had to be granted to candidates who had passed the LL.B. (Three years degree) course of Panjab University or must have passed an equivalent examination of another University recognised by the Panjab University for this purpose. Since the petitioner fulfilled all the criteria laid down in the Prospectus, he applied for admission in LL.M. under the general category. On 19.8.1993, a joint list of 50 candidates was put on the department notice board. Petitioner ranked at serial No. 16 in the merit list. On 19.8.1993, interview was held for 21 seats of LL.M. Part I. Out of 21 seats, 12 were for general category and 9 for reserved category. Total of 17 seats were finalised on the date aforesaid. Thereafter a notice was put at the department notice board on 22.8.1993 to the effect that left over seats, if any, shall be filled on 26.8.1993 and that the waiting list shall be displayed on 25.8.1993. Petitioner was at serial No. 1 to be admitted. It is pleaded that even though he was at serial No. 1 admission was given to respondents No.3 to 5 who were below in merit than him.