UPASANA Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) Petitioner Upasana passed her matriculation examination in the year 1997. The respondents had issued a Prospectus and Application Form for Common Entrance Test for admission to various courses including M.B.B.S.course. The petitioner had applied for the same. After completing all necessary formalities, the respondent authorities allowed her to take the examination which was held on 22nd and 23rd of May, 1999. It is alleged that, as per the schedule, the respondent authorities declared the result on 18-6-1999. She came to know of the clearance of the examination through newspaper but was not able to fill the form for admission because result card was not issued to her. The petitioner asserts that she has approached the respondent authorities for supply of the result card. For submission of admission form, it is necessary to submit the result card. The same was not supplied to the petitioner even when she approached the various respondent authorities. The result card was received by the petitioner on the evening of 24-6-1999. The postal stamps on the envelops containing the result card was neither defaced nor there existed any stamp of receiving or delivering post office. The grievance of the petitioner is that the respondent authorities deliberately and intentionally had withheld the result card to mar the career of the petitioner. It had been put in the mail box of the petitioner's house in the evening of 24-6-1999. On receiving the result card, the petitioner approached the respondent authorities on 25-6-1999 but they were not willing to accept the application of the petitioner for admission. No sympathy was shown to the petitioner.

(2.) She is a Scheduled Castes category candidate. She states that a fraud had been played and in her category she is likely to be placed at serial No. 2. Claiming that the action of the respondent authorities was illegal and arbitrary and the petitioner has been deprived of her right to take counselling and ultimately admission to M.B.B.S.course, the present writ petition had been filed.

(3.) The petition as such had been contested. In the reply filed by respondents Nos. 4 to 6, it has been pointed out that the petitioner has no right to invoke the extraordinary jurisdiction of this Court under Art. 226 of the Constitution because she did not apply for admission to M.B.B.S.course in the Government Medical College on the prescribed application form up to 24-6-1999. It was asserted that, as per Brochure for the year 1999, the last date for receipt of application form along with relevant documents was 24-6-1999 up to 1.00 p.m. During the period of declaration of result and day before last date of receipt of applications i.e. 23-6-1999 some of the applicants had reported that they had not received their result cards. The Director Principal, being the competent authority, allowed the acceptance of admission forms provisionally in case of those candidates. The petitioner did not do so and, therefore, is debarred from claiming any grievance.