PAWAN Vs. KURUKSHETRA UNIVERSITY AND ORS.

JUDGEMENT

(1.) This petition challenges order dated 6.7.2007, Annexure P.5 intimating the petitioner that his Roll Number was not received from the University due to non -fulfilment of eligibility criteria i.e., 45% marks in the qualifying examinations for being eligible for admission to the B.Ed course. Case of the petitioner is that he was found eligible for the B.Ed course in the Combined Entrance Test held on 16.7.2006 and after due verification, he was allotted respondent No. 3 -College where he deposited Rs. 35000/ -as fee and also paid other charges. He attended the classes but he did not receive the Roll Number. He was informed that Roll Number had not been issued as he was not eligible for admission.

(2.) Learned Counsel for the petitioner submitted that at this stage, the authorities are debarred from with -holding the Roll Number of the petitioner as the fact that the petitioner was not eligible, could be duly verified when he applied for admission. He had submitted the certificate and thereafter, no change has taken place. He relied upon judgments of the Hon'ble Supreme Court in Shri Krishan v/s. : AIR1976SC376 , Ashok Chand Singhvi v/s. : [1989]1SCR230 and judgment of this Court in Mehnga Singh v/s. The State of Punjab and Ors., 1989 (2) RSJ 311.

(3.) In Shri Krishan (supra), the result of the petitioner was cancelled after he had appeared in the final examination. It was observed by the Hon'ble Supreme Court that the authorities had ample opportunity to find out the defect in his candidature and his result could not be cancelled after he had appeared in the exam.