PUJA AGGARWAL Vs. THAPAR UNIVERSITY

JUDGEMENT

(1.) THE appellant not only obtained a degree in M.Com. but even completed her course in Chartered Accountancy in the year 2002. The appellant was desirous of pursuing Ph.D. Programme (part time) in Finance in LMT School of Management. The appellant qualified for the programme after the written examination and interview and pursuant thereto she deposited her fee on 02.09.2011 and Ph.D. Guide was also appointed. The appellant pursued the course by attending classes for 1st Semester of Ph.D. Programme and even deposited the fee towards 2nd Semester and 3rd Semester. However, the appellant was shocked to receive letter dated 12.09.2012 cancelling her admission on the alleged ground of non -qualification for admission in Ph.D. Programme. It is this communication which was assailed by the appellant by filing writ petition under Article 226 of the Constitution of India.

(2.) THE University/respondent No. 1 appeared and contested the writ petition alleging that the admission of the appellant was provisional in view of Clause 11.2.5 of the Prospectus. The infirmity in the application of the appellant was stated to be absence of minimum qualifying marks for Ph.D. programme which was stated to be 55%. It was claimed that the appellant was granted admission on the basis of M.Com. degree. The appellant is stated to have obtained below 55% marks in M.Com. and for that matter even in C.A. she had obtained below the cut -off marks. It was pleaded on behalf of the appellant that it was too late in the day for the University to cancel the admission of the appellant after having checked the documents itself. However, the writ petition was dismissed vide order dated 23.07.2013 on the aforesaid basis of having less than 55% qualifying marks against which the present Letters Patent Appeal has been preferred.

(3.) THE relevant clause dealing with this requirement of 55% marks in aggregate reads as under: