MANMOHAN KAUR Vs. THE PUNJAB UNIVERSITY AND ANR.

JUDGEMENT

(1.) THE Panjab University, Respondent, had declared the Petitioner as successful in the Bachelor of Teaching Examination held in the month of September, 1964, by their notification No. B.T./64 -B/ 1, dated the 10th December, 1964. This notification was subsequently superseded by another notification, dated 10th August, 1965, by which the Petitioner's result was quashed, copy annexure 'C'. The Petitioner in her writ petition has prayed for setting aside of the subsequent notification. She passed her B.A. Examination from the Panjab University, Chandigarh, in the month of June, 1963, annexure 'A'. Thereafter she began to work as a teacher in Shri Matra Ganga Girls High School, Baba Bakala, district Amritsar, from July, 1963 and continued to do so till the beginning of the month of September, 1964. She took her Bachelor of Teaching Examination under Roll No. 12, in the month of September, 1964 as a private candidate since she had worked as a teacher for 12 months from the date of the commencement of the examination under Regulation No. 2(e)(i) of the Degree of Bachelor of Teaching, Faculty of Education. She was declared success -full in the beginning but her result was subsequently quashed by the impugned notification which she alleged was illegal, unjust, unconstitutional, void and without jurisdiction inter alia on the following grounds:

(2.) THE Registrar of the Panjab University in his written statement pleaded that the writ petition was considerably belated and that the Petitioner worked as an honorary teacher and as such was not qualified under the statutory Regulations to appear as a private candidate. She suppressed this fact in the admission form and so under a mistake was allowed to take the examination. Subsequent to the declaration of the Petitioner's result, a complaint was received in the office purported to be signed by one Kailash Nanda of Amritsar that the Petitioner had got her eligibility by fraud as she had never been a teacher in any school. This complaint was referred to the Head Mistress, S.M.G. Girls High School, Baba Bakala, who had attested the admission form of the Petitioner, annexure R -1, to report the facts. The Head Mistress by her letter, copy annexure R -2 informed that the Petitioner was appointed as an honorary teacher by the Managing Committee of the School on 9th May, 1963 and she continued to function as such up to 19th September, 1964. The Registrar maintained that according to Regulations, the Petitioner could not have taken the B.T. Examination as a private candidate and that when true facts were known, the result already announced was quashed.

(3.) THE learned Counsel for the Petitioner pleaded that Regulation 2(e) of the Degree of Bachelor of Teaching at page 384 of the Calendar Vol. 11 -1964 -65 applied to the Petitioner's case which runs as under: