BHUPINDER SINGH GIIL Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) The petitioner had sought admission in the 1st Semester of LL. B. in the Department of Laws, Punjab University, Chandigarh, in the academic Session 1990-91, but could not get admission on the basis of the merit list prepared by the Law Department. However, the petitioner got admission in the 1st year of LL.B Course (Session 1990-91) at Guru Nanak Khalsa College, Sri Ganga Nagar (Rajasthan), as a regular student, which is affiliated to Ajmer University. The petitioner applied for admission in the third Semester in the Law Department, Punjab University-respondent by way of migration on 27/08/1991. According to the averments made in the petition, the petitioner did not receive any response from the Law Department, but when he approached the Law Department to Chandigarh, he came to know that the office had sent an intimation to him on a wrong address. He was refused admission by way of migration on the ground that under the Rules and Regulations of the Punjab University regarding migration, he was not entitled for migration, inasmuch as the percentage of marks of the petitioner in the qualifying examination was less than the percentage of marks of the last candidate admitted in the first Semester in the session in which the petitioner could have applied for admission in the Law Department at Chandigarh.

(2.) According to the petitioner, he obtained 61.5%, including weightage; whereas the last candidate admitted (Sarbjit Singh) who had got admission in the 1st Semester of 1990-91 session had obtained only 54.54% marks. According to the petitioner, his application for migration had been illegally rejected. He filed a petition in this Court (C.W.P. No. 18732 of 1991), which was disposed of on 31/01/1992 in the following terms :-

(3.) According to the Rules of the University, for the purpose of migration to the 5th Semester, apart from the conditions that it should be a hard case and seat should be available, the following conditions are to be satisfied :-