KAVITA THAKUR Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) Infructuous.

(2.) At the relevant time, before September, 2001, the petitioner was undergoing correspondence course in M.Sc. (Mathematics) in Himachal Pradesh University, Shimla. She had appeared in the 2nd September of M.Sc. (Mathematics) in Himachal Pradesh University, Shimla in June, 2001. It was at that stage that she applied for migration from Himachal Pradesh -University. Migration certificate dated 28thSeptember, 2001 was issued by respondent No. 1 in which it was recorded that she had last appeared in M.Sc. (Mathematics) in 2nd Semester Examination of that University held in June, 2001. It is common ground of the parties that up -till this stage, there was neither any infirmity in her migration nor any irregularity attached thereto.

(3.) Annexure P -2 to the writ application shows that apparently after having migrated from Himachal Pradesh University, the petitioner did her B.Ed. under Punjab University because Annexure P -2 is the migration certificate dated 29th November, 2002 issued by Punjab University in which inter - alia it is recorded that she last appeared in B.Ed, examination of that University held in April, 2002. Parties are again in agreement that after the petitioner had migrated from Himachal Pradesh University, whatever course she did was her problem, even though Mr. Sharma, learned Counsel appearing for the respondents relying upon Para 3.3 -B of the Ordinance of the Himachal Pradesh University did make an attempt to canvass his point before us that the petitioners doing B.Ed, in Punjab University was an irregular act because as per para 3.3 -B, (supra) the petitioner could not be permitted to undertake that course or to pass that examination. Para 3.3 -B, (supra) reads thus: - "3.3 -B. No student shall be allowed to join two full time regular courses of study simultaneously. However, students shall be allowed to join the following certificate/diploma course, alongwith other regular courses including Ph.D.: - (i) Certificate/Diploma Courses in foreign languages (German, French and Russian); (ii) Certificate in Computer Appreciation; (iii) Certificate in Computer Programming; (iv) Any other part -time certificate/diploma courses to be started by the University in future."