SARITA RANA Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) The petitioner passed the B.Sc. Part-I Examination from the Kurukshetra University in July, 1996; the Part-II Examination in April, 1997 and appeared in the Part-III Examination in May/June, 1998. The University published a Hand Book of Information for admissions to various Post Graduate courses, including M.Sc. (Zoology) for the year 1998-99. The last date for the submission of application was fixed as 6th July, 1998, and the 11th July, 1998 was notified as the date of the entrance test and it was further provided that the first list of successful candidates would be put up on the Board on 15th July, 1998, the second on 18th July, 1998, the third on 22nd July, 1998 and the fourth and final list on 24th July, 1998. The petitioner submitted her form for admission to the M.Sc. (Zoology) on 15th June, 1998, appending therewith all the relevant certificates, except the certificate for the B.Sc. Part-III Examination as the said certificate had not been received by her till that date. As the petitioner's name did not figure in the list published on 15th July, 1998 and 18th July, 1998, she approached the Department of Zoology, Kurukshetra University, on 21st July, 1998 and on enquiry she was informed that she had not been called for interview as she had not submitted her B.Sc. Part-III certificate and was, therefore, not eligible for admission. Aggrieved thereby the present petition has been filed.

(2.) On notice of motion, a reply has been put in on behalf of the respondent- University and the stand taken is that as per the Hand Book of Information all relevant certificates were to be appended with the application form, failing which the forms would not be entertained, but keeping in view the hardship suffered by some of the candidates on account of late receipt of their testimonials, the Vice Chancellor had ordered on 14th July, 1998 that the detailed marks card of the candidates who had appeared in their examinations in April, 1998 be accepted two days before the display of the first list and despite the fact that this notice had been put on the notice board, the petitioner had not submitted her detailed marks card for the B.Sc. Part III up to 21st July, 1998. The petitioner's claim that she was at Srl. No. 3 in order of merit has been denied by stating that as the application form submitted by her incomplete and she had not been called for interview, her final merit had not been tabulated.

(3.) Mr. S.P. laler, the learned counsel appearing for the petitioner, has raised two basic arguments before me. He has first and foremost argued that the certificate of the B.Sc. Part-III Examination had to be issued by the respondent-Kurukshetra University itself and as admission was being sought to the M.Sc. (Zoology) in this very University and as the petitioner was a in- house student, the requirement that the certificate to be appended with the application form was redundant. He has also urged and it was the admitted position that the petitioner had submitted her application form well within time and long before the last date i.e. 6th July, 1998 and as other candidates had been permitted to make good the defects in their application forms, the petitioner could not be denied the concession. He has also urged that once a concession had been given vide letter dated 14th July, 1998, this concession had to be properly notified so that it could be made known to all concerned.