LAWS(P&H)-2014-9-145

HARMANPREET KAUR Vs. GURUNANK DEV UNIVERSITY AND ORS.

Decided On September 30, 2014
Harmanpreet Kaur Appellant
V/S
Gurunank Dev University and Ors. Respondents

JUDGEMENT

(1.) CM No. 11886 of 2014

(2.) THE petitioner seeks to challenge an order disqualifying her from completing her B.Ed. course at the last semester, she having completed her 1st year B.Ed. course after admission. The impugned order is passed on 3.2.2014 on the ground that her graduate course in BCA from the Punjab Technical University under distance education mode which did not fulfill the eligibility criterion for admission to B.Ed. course. The counsel for the petitioner would submit that the eligibility criterion as mentioned in the prospectus was, as follows: -

(3.) I reject this contention as untenable and most unfair for a university to take up. If a person has secured a postgraduate degree in regular course from the university and that is also described to be eligibility criterion, the fact that the petitioner had been conferred with the postgraduate degree itself must be taken as fulfilling the necessary requirement for admission to B.Ed. course. Assuming for argument sake, in the manner contended by the counsel for the university, that the admission to postgraduate was under a mistake, the postgraduate degree the petitioner has obtained does not vanish into thin air. It would be impermissible for the university to withdraw a postgraduate degree that was issued by it to the petitioner and without any such action even if permissible, the disqualification made at the fag end of her B.Ed. course would be grossly unjust.