AJAY SONDHI Vs. PUNJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) The petitioner is a candidate for B.A. Part I examination held in March/April, 1987 by the Punjab University, respondent No. 1. He received a letter dated 23.3.1987 Annexure P.1 from respondent No. 1 informing him that he is not eligible to appear in the above examination as he could not change his group from Commerce to Arts as late college student and that he did not hold the capacity to appear as a private candidate. His candidature was therefore, cancelled. By way of the present writ petition he has made a prayer for issuance of a writ of certiorari quashing the impugned order Annexure P.1. At the stage of motion hearing of the petition the Division Bench vide its order dated April 1, 1987 directed the respondents to permit the petitioner to appear in the examination provisionally at his own risk. The examination was scheduled to be held from 2nd April, 1987 onwards. It is admitted by the learned counsel for both the parties that the petitioner did appear in the examination as per the directions of the Division Bench through the aforesaid ad interim order.

(2.) It is alleged in the petition that the petitioner appeared as a Correspondence Course student in B. Com. Part I examination held on April, 1986 but failed. He submitted his admission Form for B.A. Part I examination on 26.11.1986 in the capacity of a late college student. The examination was to be held in March/April, 1987. His admission form as also the admission fee accompanying the same was accepted by the respondents. He later received a letter dated 18.1.1987 from the respondents requiring him to submit the mark sheet and to disclose the capacity in which he was appearing in the said examination. He duly furnished the requisite information. Latter on Roll No. 11616 was issued to him by the respondents and he was directed to appear in the practicals of Defence Studies, one of the subjects for B.A. Part I examination. He appeared in the practical examination in the above subject on 15. 3.1987 at the Examination Centre in the premises of Government College, Chandigarh. He received another letter dated 9.3.1987 from the respondents requiring him once again to mention the capacity in which he was appearing in the examination. In reply the petitioner intimated the respondents that he was appearing in the capacity of a failed/private candidate. It was then that the impugned order dated 23.3.1987 Annexure P.1 issued by the respondents was received by the petitioner on 26.3.1987. His candidature for the examination was cancelled.

(3.) The petitioner contended that cancellation of his candidature for the examination was illegal and violative of the principle of natural justice. He had been already admitted to the examination, Roll number had been duly issued to him and he had already taken the practical examination in Defence Studies on 15.3.1987. He relied on Krishnan v. Kurukshetra University, 1976 AIR(SC) 376 to contend that once he had been allowed to take examination and Roll number had been issued to him, the respondents could not cancel his candidature. He further contended that there was no bar in the University Calendar for him to appear in B. Com. Part I examination in April, 1987 after he had failed in B. Com. Part I examination in April, 1986 as a late college student.