JAGDEV SINGH Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) The petitioners are aggrieved by the action of the respondent-University in not treating them as eligible to appear in B.A. Part-I examination held in April, 1993. In pursuance to the directions given by the motion Bench vide orders dated March 30, 1993 the petitioners have admittedly taken the examination. Were they legally entitled to appear in this examination or was the action of the respondents in conformity with law

(2.) Before adverting to the facts, it may be mentioned that the case had initially come up for hearing on November 17, 1993. During the course of the recording of the judgment, learned counsel for the respondent-University had prayed for a short adjournment to give the particulars of the dates etc. On which different examinations were held. The case was adjourned. Different affidavits have been filed on behalf of the respondents. In the latest affidavit filed on January 6, 1994 along with Civil Miscellaneous application No. 225 of 1994, the exact position with regard to the time at which different examinations were held, has been given. Consequently, the factual position as given in this affidavit alone needs to be noticed.

(3.) A perusal of this affidavit shows that the Gyani examination, which was scheduled to be held in June, 1991, had actually commenced in August, 1991. The result of this examination was declared on January 30, 1992. The next examination, which was scheduled to be held in December 1991, had actually commenced in April 1992. The result of this examination was declared on September 26, 1992. The examination which was actually scheduled to be held in June, 1992 was started on November 13, 1992 and the result was declared on January 14, 1993. The December 1992 examination commenced on May 13, 1993. The result of this examination was declared on August 30, 1993. In this affidavit, it has been further averred that the examination forms had been submitted by the petitioners for the December, 1992 examination on different dates and that they had not applied for admission to the examination which was scheduled to be held in June, 1992. It has also been averred that the examination could not be held as per schedule due to the disturbed conditions in the Punjab State as also because the number of candidates taking the examination had increased manifold.