SANJAY KUMAR Vs. KURUKSHETRA UNIVERSITY AND ANOTHER

JUDGEMENT

(1.) Sanjay Kumar, petitioner, passed the Pre-Medical Examination from the Kurukshetra University held in Sept., 1986. Earlier during the annual examinations of 1986, the petitioner was unsuccessful for the Pre-Medical examination, and, therefore, he re-appeared in the examination held in Sept., 1966. Meanwhile, a notification was issued by the Kurukshetra University that the students who could not pass their Premedical examination can appear in supplementary examination and that they can be admitted provisionally to the higher classes, i.e., T.D.C. Part II at their own risk and responsibility. On the basis of this notification, the petitioner got admission in Mukand Lal National College Radaur, affiliated with the Kurukshetra University B.Com Part II. He paid all the necessary dues and clearly mentioned in the application for admission that he had appeared for the Pre-Medical Examination for which the result was awaited. Later he also appeared in the B.Com (Part II) Examination held by the University and no objection was raised by the respondents about his ineligibility for appearing in the said examination. At the time when the annual result was declared, the result of the petitioner was withheld. When he approached the Principal of his College in the matter, the latter wrote to the University. It was for the first time that the University then, vide letter Annexure P3 dated 22nd Aug., 1987, informed the Principal that a student having passed. Pre-Medical Examination can not seek admission to the B. Com Part II class and, as such, the petitioner was ineligible ab initio. It is on the above pleadings that the petitioner filed this writ petition which is dated 14th Sept., 1987.

(2.) At the time of motion hearing, the respondents were directed to admit the petitioner to the B.Com. Final year class provisionally and at his own risk. Since the result of the B.Com. Part II and Part III examinations was not being declared, the petitioner filed a civil miscellaneous (C.M. No. 10063/88) seeking directions for declaration of his result for the B.Com. Part II and Part III examinations. This Court, vide order dated 12th Dec., 1988, directed the respondent University to declare the result of the petitioner for the B. Com. Part II and Part III examinations. However, later the implement ion of the said order was stayed in Letters Patent Appeal vide order dated 17th May, 1989.

(3.) According to the petitioner, there was no concealment of facts on his part so as to disentitle him to join the B.Com Part II. The University duly allowed him to sit in the said examination and it was only when the result of the petitioner for the B.Com. Part II was withheld, he approached the Principal of his College in that behalf who wrote back to the University, this it was pointed out to him for the first time that he was not eligible for admission to the B.Com Part II on the basis of his pre-Medical Examination.