GURMEET KAUR Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) This intra-Court appeal under Clause X of the Letters Patent has been filed against the judgment dated 10.8.2015 of the learned Single Judge, whereby, CWP No.8943 of 2015 filed by the appellant seeking direction to the respondent University to declare her result of Bachelor of Education examination 2014, was dismissed.

(2.) The appellant was a student of B.A. Part I, in Chhatrapati Shahu Ji Maharaj University, Kanpur (recognized by UGC and State Government University). She appeared in B.A. Part I Examination held in 2011, but failed. (Her marks card dated 26.10.2013 is Annexure P-2). In December, 2010, she secured admission in 2nd year of B.A. (Economics) in Shaheed Udham Singh Institute of Management and Technology, Sangrur, a study centre of Periyar Institute of Distance Education (for short "Periyar University") in terms of the "Break-in-Study" Scheme started by the said University. She appeared in the examination of 1st year and 2nd year (Part-I and Part-II) of B.A. (Economics) in December, 2011 and passed in all the subjects. In February, 2013, she appeared for the 3rd year B.A.(Economics) examination which also she cleared. In total, she secured 789 marks out of 1500 and was declared pass. In July, 2013, she took admission in the B.Ed. Course in Lala Lajpat Rai Memorial (P.G.) College of Education, Dhudike, District Moga, Punjab, which is affiliated to the Panjab University, (hereinafter referred to as "respondent No. 2"). In April 2014, she appeared in final exam. of B.Ed. Course for the session 2013-14. A transfer certificate issued by the Deputy Director, Periyar University on 14.5.2014 was submitted by her to the respondent No. 1-University through the College. On 5.6.2014, the appellant was informed by the respondent No. 1- University that she had not been found eligible for admission to the B.Ed. Course for the 2013-14 session on the ground that "the examination B.A. (Eco) passed by the candidate from Periyar University, Salem has been recognized as equivalent to corresponding examination of this University provided the duration of the B.A. (Eco.) examination is three academic years. Since the candidate passed B.A. (Eco) two years course from the said University, she is not eligible for admission to B.Ed. Course". When despite her repeated representations and clarifications her result was not declared, she filed the writ petition seeking direction to the respondent No. 1-University to declare the result of B.Ed. Course.

(3.) Before the Ld. Single Judge, it was submitted on behalf of the respondent No. 1-University that the last date for submission of Registration Return for the session 2013-14 was 15.10.201 The Registration Return was submitted by respondent No.2 on 14.10.2013 but without original documents of the appellant. Therefore, her credentials could not be verified at that time. It was only on 31.05.2014 when original documents of the appellant were received, that it was revealed that the course of B.A. (Economics) passed by her was of two years duration. The Assistant Registrar (R.S.) of the University forwarded the original documents of the appellant for certification regarding equivalency to the General Branch of the University, which informed that the appellant was not eligible since as per the Equivalency Booklet Rules, the duration of course should be like that of Panjab University Course/Degree. In the appellant's case, the B.A. (Economics) was for the duration of two years, which is not equivalent to B.A. (Economics) of three years duration in the Panjab University. Hence, though the appellant had appeared in the B.Ed. Examination for session 2013-14, her result was declared as 'cancelled'. As respondent No.2- College failed in its responsibility to check the eligibility of appellant at the time of admission, the respondent No. 1-University imposed a penalty on the college as well.