PRATIBHA Vs. KURUKSHETRA UNIVERSITY AND OTHERS

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India for quashing the impugned order dated 16.09.2008 (Annexure P-12).

(2.) Brief facts of the case are that the petitioner's admission to LLB (Professional) - 3 year degree course for the academic session 2008-09 has been cancelled vide communication dated 16.09.2008 (Annexure P-12). The petitioner was admitted to this course in the capacity as a government employee pursuant to selection in the entrance examination held in the year 2008-09. Respondent - University notified the admission only to the regular employees of the Government, Semi-Government, Autonomous Organisations, Recognised Educational Institutions whose place of employment is within 70 kms. from the Kurukshetra University, Kurukshetra and minimum 2 years of regular service. On her selection the petitioner deposited the requisite fee/admitted to the course and allotted Roll No. 226. She was allocated Section D. The petitioner started attending classes from 14.08.2008.

(3.) In accordance with the stipulation in the prospectus the selected employee was required to furnish an 'Employment Certificate' in the prescribed format. The petitioner applied for Employment Certificate vide her application dated 12.08.2008 Respondent No. 3 - District & Sessions Judge, Ambala in whose office petitioner is serving, sought, a clarification from the petitioner vide Memo No. 4317 dt. 13.08.2008 (Annexure P-4) regarding timing of classes and also whether the petitioner would be able to reach and attend the class at Kurukshetra University after she is free from the office at Ambala at 5.00 pm. In response to the aforesaid communication, the petitioner vide her letter dated 19.08.2008 (Annexure P-5), communicated to respondent No. 3 that the time for evening classes is from 5.20 p.m. to 9.05 p.m. First two periods are of the same subject on each day. The petitioner also mentioned that the distance from Ambala to Kurukshetra is about 50 kms. It was also mentioned that the University had been accommodating in the past and will accommodate this year also to office goers by not attending the first period. The petitioner also mentioned that if the petitioner failed to attend the classes, she would automatically be disqualified.