NARINDER SINGH Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) The petitioner was a student of Bachelor of Arts in Kurukshetra University, Kurukshetra. While studying in the final year of Bachelor of Arts, he applied for LL.B. (Professional) three years course in the respondent university. The last date for submission of the application was 21.6.1999. The detailed marks sheet was not available at that time. The result of the petitioner was declared. The petitioner qualified in the entrance examination. The merit list for admission to the First Year LL.B course was to be prepared in the manner :- <TAB> Marks obtained in the Entrance Test : 50% Mark obtained in the qualifying : 50% examination. </TAB>

(2.) As per the prospectus the petitioner was to submit proof of his having passing B.A. examination by 19.7.1999 failing which his candidature would have stood automatically cancelled ipso-facto. Suddenly the petitioner had an attack of fever and he was advised complete rest. Consequently, the petitioner could not approach the respondent-University before the said date to submit the marks sheet. When the petitioner felt better, he approached the university on 23.7.1999 and took the marks sheet, from the petitioner and filed it in the diary. The respondent-University placing reliance on the record under which the candidates have to submit all the documentary evidence by 19.7.1999, cancelled the admission of the petitioner. He had in any case submitted the marks sheet before the first date of counseling i.e. 27.7.1999.

(3.) This action of the respondents is being challenged asserting that the fact of attaining a particular qualification is essencial. The proof of attainment can follow later. The fact of such attainment can be communicated to the selection committee before selection. Otherwise also it has been pointed that the petitioner had submitted the necessary certificates before the first counseling and the clause that if the necessary proof of having passed the B.A. examination (detailed marks) is not submitted by a particular date, the appointment would be cancelled as invalid.