NARESH KUMAR Vs. PUNJAB UNIVERSITY, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) Admittedly, because of the prolonged disturbances and turmoil prevailing in Kashmir Valley, the Government of India had taken decision to allow migration of students studying in Regional Engineering College, Sri Nagar, to the respective States in the approved State Engineering Colleges and to process their admission through the duly constituted admission committees. In pursuance of the instructions aforesaid, issued by the Government of India, the matter was discussed in the co-ordinating committee consisting of the representatives of the Vice-Chancellors of the Universities and the Principals of Engineering Colleges of Punjab and Chandigarh on July 16, 1990 and it was unanimously decided that 15 students belonging to Punjab, and Chandigarh, who want to seek migration from Engineering College, Sri Nagar, may be admitted to the various Engineering Colleges at Patiala, Chandigarh and Ludhiana. A letter dated July 23, 1990, was issued to the respective Principals of the Engineering Colleges, by the Director, Technical Education and Industrial Training, Punjab, a copy of which has been annexed as Annexure P-8 to the writ petition. As per the decision taken by the Government of India,the students studying in first semester were to be admitted to the Thapar Institute of Engineering and Technology, Patiala. The students studying in 3rd semester were to be admitted to the Punjab Engineering College. Chandigarh, whereas the students studying in the 5th and 7th semesters were to be migrated to Guru Nanak Engineering College, Ludhiana, to which college the present case relates.

(2.) The petitioner, Naresh Kumar, who had passed the 6th semester from the Regional Engineering College, Hazaratbal, Sri Nagar, in the session November/December, 1989 (see Annexure P-7) under roll number 6309, was allowed to be migrated to the Guru Nanak Engineering College, Ludhiana, affiliated to the Punjab University, from the Regional Engineering College, Sri Nagar, and was admitted for studies in the seventh semester of the Four-Year Degree College, i.e., B.E. Mechanical. The petitioner having been admitted in the said college appeared in the examinations conducted by the Punjab University for the seventh semester under roll number 10937 in Jan., 1991 and for the eighth i.e. the final semester in July, 1991, under roll number 11231. The grievance of the petitioner is that despite the fact that after having cleared sixth semester (Annexure P-7) and also having appeared in the last eight semester, his result has not been declared by the Punjab University despite his repeated representations in writing and approaching personally to both the Universities. The Principal of respondent college had even recommended to the Registrar, Punjab University, Chandigarh, vide letter dated June 3, 1992, Annexure P- 9, to decide the case of the petitioner and another student without any further delay as the petitioner had already lost two crucial years, i.e., one year during the migration process and another one year after appearing in the final year examinations. Similarly, vide letter, Annexure P-10, the Registrar, Regional Engineering College, Hazaratbal, Sri Nagar, had informed the petitioner that since he had migrated to Guru Nanak Engineering College, Ludhiana, Punjab, and had appeared for the seventh and the eighth semesters examinations conducted by the Punjab University, the final year result shall be declared by that University. Accordingly, the petitioner was advised to approach the Punjab University, through his college.

(3.) The petitioner had been knocking at the doors of the University and college right from 1991 up to date. The Principal of respondent college had even informed the Vice-Chancellor of the Punjab University, vide letter dated Jan. 25, 1995, Annexure P-14 that the Kashmir University is not owning the responsibility of either declaring the result or to issue the degree because of the reason the student had been finally migrated to the Punjab University and had passed seventh and eighth semesters from that University. The plight of the petitioner student did not move any of the authorities and the Punjab University vide Annexure P-16 dated June 27, 1995, had even advised the petitioner to make efforts at his own level to get the degree from the Kashmir University. Much correspondence has been placed on record which clearly shows that the Punjab University, respondent No.l, instead of declaring the result of the 7th and the 8th semesters had been unnecessarily dragging the issue without making any effort to give any relief whatsoever to the petitioner. It may be pointed out that at the time of the admission and interview in the Punjab University after migration, the admission was taken, the petitioner was directed to deposit all the semesters which are lying with the Punjab University.