JYOTI RATTAN Vs. H.P. UNIVERSITY

JUDGEMENT

(1.) THE petitioner was granted admission in the course of Bachelor of Computer Application (Ist Year Course) for the Academic Session 2005-2006. It is the admitted case of the respondents that she had secured this admission on her own merit, based on the fact that she had got 57.14% marks in the qualifying examination. The petitioner appeared in the Ist Year of BCA Course in the examination held in the year 2006 but her result was not declared by respondent No.1 because in the meantime respondent No.1 thought, after scrutiny of her record, that she had wrongly been selected and admitted in the aforesaid course in as much as she having been placed in compartment in 10+2 examination, as per Clause No.1.4 of the Ordinances of the University she was not eligible for admission in this course. Despite the fact that the petitioner had appeared in the Ist Year Examination, on the aforesaid ground respondent No.1 did not declare her result of Ist Year Examination with the consequence that despite the 2nd Year classes having started in August, 2006 the petitioner was debarred and prevented from attending the classes of 2nd Year.

(2.) IN the reply filed by respondent No.1 repeated reliance is placed upon Clause 1.4 of the Ordinances and repeatedly, in para after para respondent No.1 has been averring that Clause 3.7 of the Ordinances does not apply to the admissions in BCA Course and that this Clause (3.7) applies only for general admissions, implying thereby that the admissions to BCA Course are excluded from the purview of Clause 3.7 of the Ordinances.

(3.) FOR the foregoing reasons this petition succeeds. The action of respondent No.1 in withholding the result of the petitioner is quashed and set aside. Respondent No.1 is directed to declare the result of the petitioner before 4.00 P.M. tomorrow. If the petitioner passes the Ist Year Examination, she shall be admitted in the 2nd Year Course immediately and forthwith. If in the process there is any deficiency in the attendance etc. this short fall shall be made up by respondent No.1 by taking such appropriate steps as are required for this purpose.