SHIKHAR SARIN Vs. PANJAB UNIVERSITY AND ORS.

JUDGEMENT

(1.) THE petitioner is studying in B.Com (H) LL.B. 5 Years Course in the Amity Law School -II, Amity University, Noida. He applied for migration to 3rd semester of B.Com LL.B. (Hons.) 5 Years Integrated Course of the University Institute of Legal Studies, Panjab University (hereinafter referred to as the "respondent -institute"). A notice was put up in the month of November 2014 on the website of the respondent -institute in which the petitioner was at Sr. No. 1 amongst the students found eligible for migration to the 3rd semester but he did not come to know about the notice as no separate intimation was received by him, therefore, he could not report before the last date. He came to know about the notice recently from his friends seeking fresh admission at the respondent -institute and then he submitted a request letter dated 13.04.2015 for admission in the said course. Now it is prayed, in this petition, that he may be migrated in the 4th semester of the said course.

(2.) AFTER notice, the respondents have filed a short reply in which it is averred that the petitioner had applied for migration to 3rd semester and was advised to update himself about the migration by checking the University Website and he was specifically told that no separate communication would be sent to any student who is applying for migration. He was further informed that the number of seats available would be put on the Panjab University Website along with the list of the eligible students who have to come physically present in the respondent -institute on the specified dates. It is further averred that on 13.04.2015, the petitioner had submitted a request through speed post for migration in the 4th semester at the respondent -institute. It is also averred that as per Rule 10 contained in the Handbook of Information -2014 governing migration in the B.A./B.Com. LL.B. (Hons.) 5 Years Integrated Course, the migration is not allowed in the 1st, 2nd, 4th, 6th, 8th, 9th and 10th semesters. The aforesaid Rule 10 is reproduced as under: - -

(3.) COUNSEL for the petitioner has vehemently argued that the petitioner had applied for migration in the 3rd semester and at that time, 7 seats were available but because of lack of communication, he could not present himself at the relevant time, therefore, his migration may be considered against the available seats of 3rd semester.