BALKARANBIR SINGH Vs. PANJAB UNIVERSITY, CHANDIGARH AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed seeking a writ of mandamus directing the respondents to declare the result of the petitioner pertaining to B.A. (1st and 2nd semesters) and to admit the petitioner in the 3rd semester of B.A.

(2.) THE pleaded case of the petitioner is that after completing his 10+2 from the Open School of Learning, he got provisional admission in B.A. (1st semester) in September, 2014 in University School of Open Learning, Panjab University at Chandigarh. His admission was provisional on account of the fact that he got compartment in mathematics subject. He, thereafter, had re -appeared in the mathematics subject and had been declared pass by the Open School of Learning. He had appeared in the 1st semester of B.A. in December, 2014 and was also admitted in the 2nd semester of B.A. and also appeared in the examination held in May/June, 2015. However, his result had not been declared. It is pleaded that this was on account of the fact that he did not have minimum 20% marks in the subject of mathematics when he had got compartment in 10+2 and, therefore, his result had been withheld. It was, thus, the case of the petitioner that there was no misrepresentation, fraud and concealment of facts on his part as he had passed the 10+2 examination and thereafter, had also appeared in the subsequent examinations of 1st & 2nd semesters of B.A. Resultantly, the relief claimed is that his result be declared and he be admitted in 3rd semester of B.A.

(3.) THE dealing official had contacted the petitioner on his mobile number which was mentioned in the admission form and informed him that he was ineligible and he should get his fee refund form and original detailed marks card and should apply for refund. The petitioner had also received the original detailed marks card and the fee refund forms. The roll numbers of the candidates were online and the petitioner had downloaded his roll number from the university website and had appeared in the B.A. (1st Semester) examination. The petitioner was well aware of the regulations contained in the prospectus and inspite of knowing about his ineligibility, he submitted his examination form with malafide intention to bypass the rules and regulations contained in the prospectus. The candidate having compartment only in one subject in 10+2 examination is eligible to pursue the said course. The resultant forms filled were attached as Annexure R1 wherein he had been declared ineligible along with refund forms. No replication was filed on behalf of the petitioner, to controvert the said fact.