DUPINDER SINGH Vs. GURU NANAK DEV UNIVERSITY

JUDGEMENT

(1.) THE petitioner is aggrieved by the action of the Guru Nanak Dev University, Amritsar (hereinafter referred to as 'the University') by which his admission to the "Bachelor of Business Administration" course was disapproved and his name was ordered to be "struck off from the college Roll..." A few facts may be noticed.

(2.) THE petitioner appeared in the Senior School Certificate examination conducted by the Central Board of Secondary Education in the year 1993. He was placed in compartment in the subject of Chemistry wherein he had secured 37 marks out of 100. However, according to the 'marks statement' issued to him on May 27,1993, the petitioner had secured a total of 253 marks out of 500. The Board conducted a supplementary examination in August 1993. The petitioner appeared in the subject of Chemistry. The result was conveyed to him on August 30, 1993. He passed the examination securing 50 marks out of 100. Thus, he finally secured 266 marks out of the total of 500.

(3.) A written statement has been filed on behalf of the University by the Registrar. In has been averred that the petitioner was not eligible for admission to the course and as such, he is not entitled to invoke the Jurisdiction of this Court under Article 226 of the Constitution of India. It has been further averred that the College was bound to make the admission in accordance with the provisions of the Ordinance issued by the University. A copy of this Ordinance has been produced as Annexure R. 1 with the written statement. According to the University, the stipulations made by the College in its prospectus were contrary to the provisions of the Ordinance. It maintains that "the admission to B.B.A. -Part I is open to any person who passes in all the subjects in any group in the Plus -II Examination and obtains at least 50 percent marks in the aggregate There is no relaxation in the relevant Ordinances for a compartment case." Since the petitioner did not fulfill the "twin conditions" laid down in the Ordinance, he was not eligible for admission and the action of the College was void -ab -initio. It has also been averred that as per the circular letter issued by the University on June 22, 1993, the petitioner had to produce an eligibility certificate at the time of his admission. No such certificate having been produced by the petitioner, the College had acted wrongly in admitting him. On these premises, the respondent -University maintains that the impugned order is legal and valid.