PARMOD KUMAR Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) The petitioners joined the B.Com., Part-I course at the Multani Mal Modi College, Patiala, in the session 1992-93. Both of them appeared in the examination held in the year 1993. After the declaration of the result, they applied for the re-evaluation of the answer books in the subjects in which they were shown to have failed. The result of re-evaluation was declared and conveyed to the petitioners vide letters dated November 17 and November 16, 1993, respectively. On the basis of the result of re-evaluation, they were eligible for the consequently sought admission to B.Com. Part-II. Their request having been declined in view of the order dated October 20, 1992, passed by the respondent- University, the petitioners have approached this court through the present writ petition.

(2.) The primary grievance made by the petitioners is that the University cannot take advantage of its own wrong and deny the benefit of late admission available to the students under the regulation on the basis of an executive order which has yet not been given a statutory sanction. The respondents contest this claim on the ground that the decision of the Syndicate of the University is legal and valid and that the candidates who get the concession of revaluation cannot claim the benefit of late admission.

(3.) It is not disputed that the petitioners had sought re- evaluation of their answer books within the time prescribed under the University Regulations. It has also been conceded at the bar that there was delay in the re-evaluation of the answer books and as a result the candidates could not seek admission to the next higher class alongwith the other students. Furthermore, it is also the admitted position that under the University Regulations a candidate, whose result is published late for reasons which are not attributable to the candidate, can be admitted without payment of late fee within ten working days from the date on which the result is published. In the present case, the petitioners had applied for admission on November 19, 1993 and November 17, 1993, respectively. This was within the prescribed period of ten days. They were not to be blamed for the delay in the declaration of their result. Denial of admission to the petitioners in this situation would be totally unfair and arbitrary.