BRIJWALA AWASTHI Vs. H.P. UNIVERSITY

JUDGEMENT

(1.) THE petitioner is a student, who has obtained a degree of Bachelor of Arts (B.A.) and Bachelor of Education (B.Ed.) from University of Calcutta. The said degree of Bachelor of Arts is a two year course without English as a compulsory subject. Since she had not studied English as a subject and in order to obtain employment in the State of Himachal Pradesh, she enrolled herself with the Himachal Pradesh University to undertake examination in the subject of English in B.A. Ist year course. She applied in the month of February, 2001 and was given a provisional roll number on or around 23rd March, 2001 to appear in an examination to be conducted in April, 2001. She undertook the examination but her result could not be declared. Vide an undated letter Annexure P-4 dispatched by the respondent on 9th June, 2001, she was informed that on scrutiny it was found that there are discrepancies in her admission-form for TD/I April, 2001 examination and she was asked to fulfill certain conditions specified therein. For the purposes of adjudicating the controversy the relevant portion of the said letter is extracted hereinbelow:-

(2.) VIDE letter dated 19.6.2001 (Annexure P-5) petitioner responded to the undated letter (Annexure P-4) and submitted a certified copy of her B.A. (2 year pass certificate) though already submitted alongwith her form to enable the university to declare her result. The result of the petitioner was not declared and she was sent another representation dated 2nd December, 2001 (Annexure P-6). Vide letter 19th dated December, 2001 (Annexure P-7), the respondent- University informed the petitioner that the result cannot be declared in the absence of the petitioner being formally registered with the University and she was asked to fulfill the codal formalities for further necessary action. Vide

(3.) PER contra, Shri Sharma, learned counsel appearing for the respondent has submitted that petitioner's enrolment with the University, even though conditional, is wrong and illegal. He has relied upon the various provisions of First Ordinances of Himachal Pradesh University, 1973 (Volume I) (hereinafter referred to as Ordinance) to contend that any direction by this Court as prayed for would be illegal.