ASHU SINGLA Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) This petition is illustrative of how negligence on the part of authorities/bodies entrusted with the task of making admissions and taking examination lead to the filing of avoidable litigation in the Courts.

(2.) The petitioner appeared in 10+2 examination conducted by Punjab School Education Board (for short, 'the Board') in March, 2000. In the Gazette published by the Board, his roll number was included in the list of candidates who had passed the examination, though he had actually got reappear in the paper of English. He took reappear examination in June, 2001 and was declared pass. In the meanwhile, he applied for admission in Bachelor of Computer Application (BCA) Course. He was admitted in the College of Management and Technology (for short, 'the College'). On receipt of the mark-sheet of 10+2 examination, he brought it to the notice of the authorities of the College that he had not passed 10+2 examination. The Principal of the College forwarded the mark-sheet to the University alongwith other documents, but no objection was raised by the concerned authority of the University to his eligibility. Rather, he was allowed to take BCA Part-I examination in April, 2001. He got reappear in papers I, V and VI of that examination. He took reappear examination held in September, 2001 but could not clear the same. Notwithstanding this, he was allowed to prosecute studies in BCA Part-II. In April, 2002, he applied for permission to appear in the reappear papers of BCA Part-I and the main examination of BCA Part-II. At that stage, the petitioner was informed that he is not eligible to take the examination because he had not passed 10+2 examination at the time of admission in the BCA Course.

(3.) The petitioner has challenged the decision of the University on the ground of arbitrariness and legal mala fides. He has also invoked the doctrine of equitable estoppel by asserting that after having admitted him to BCA Part-I and permitted him to take the examination of BCA Part-I (main as well as reappear) and prosecute studies in BCA Part-II, the University and its functionaries are estopped from questioning his eligibility to be permitted to the BCA Course.