LAC GURMAIL SINGH Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) Petitioner who is a member of the Air Force, after taking permission from the Air Force authorities, appeared in B.A Part I examination conducted by the Kurukshetra University. After passing the B.A. Part I examination, in order to complete his studies upto Graduation level, he took further, permission from the Air Force authorities for applying for B.A. Part II examination. He submitted his form for B.A. Part-I examination with the Punjabi University, Patiala, along with original B.A. Part-I certificate and also the required examination fee. The University-authorities duly acknowledge the receipt of the form for no objection whatsoever was raised by the University at the stage. The petitioner sent two-three reminders to the University, but still the University did not respond. Petitioner came to Patiala in order to enquire with regard to his admission form, for appearing in the examination. It was only on 30.4.1992 when he was informed that he was not eligible to appear in B.A. Part-II examination. This action of the University is being challenged in the present writ petition.

(2.) When the matter came up for motion hearing the petitioner was allowed to appear in B.A. Part-III examination. He successfully cleared that examination. The petitioner was also allowed to appear in B.A. Part-III examination. After the petitioner appeared in B.A. Part-III examination this court in Civil Misc. Petition No. 6817 of 1993 directed the University to declare the result. Of course the same was subject to the decision of the writ petition. The only ground on which admission was refused can be stated as thus :-

(3.) Having heard the learned counsel for the parties, I am not prepared to accept the ground on which admission was refused. Merely because, the petitioner was a fresh candidate and a made cannot be denied admission on this score. Petitioner having appeared and cleared the B.A. Part-II examination and also having appeared in B.A. Part-III examination the result of which is awaited, the action of the Universty in, denying admission, thus, cannot be sustained.