BRAHAM PARASHAR Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) PETITIONER is a student of M.A.M. College, Jammu and appeared in and passed B.A. Part -I examination with subjects General English, English Literature, Political Science and Hindi. Thereafter, he was admitted in B.A. Part -II in the said College and subject Hindi was changed to Philosophy, as the combination of subjects as in B.A. Part -I was not available in the College. It is stated that, subsequently, before appearing in the examination in B.A. part -II, the petitioners subjects were changed to Hindi from Philosophy under the instructions of the University. The University allotted Roll No. 134065 to the petitioner, who appeared in Part -II with subject Philosophy, since subject Hindi along with combination of subjects of Part -I was not available in B.A. Part -II. The result of the petitioner, however, declared "Later on". Vide Communication dated 1 -8 -2002, the University called upon the Principal, M.A.M. College, to submit the internal assessment marks of the petitioner in subject Hindi, so as to declare his result. The University was, however, intimated by the Principal by his letter dated 8 -8 -2002 that the petitioner was never a student of Hindi in the College record. The Principal also informed the University that the petitioner, though passed his B.A Part -I examination with combination of subjects General English, English Literature, Political Science and Hindi, but was changed to General English, English Literature, Political Science and Philosophy in B.A. Part -II, as the earlier combination was not available.

(2.) THE grievance of the petitioner is that his result has been withheld on account of non -availability of internal assessment marks in Hindi, without there being no fault on his part and, thus, invoked the writ jurisdiction of the Court in issuing a direction to the University to declare the result of the petitioner for B.A. Para -II examination and further ordering respondent -2 to admit him in B.A.Part -III class in the College by issuing a writ in the nature of mandamus.

(3.) THE stand of the University, respondent -1, projected in its counter is that the petitioner applied for admission in B.A. Part -II to the M.A.M. College with the same subjects combination, which the petitioner had in B.A. Part -I and in the form, which he had filled up for the examination in B.A. Part -II, he again opted the same subjects, which he had in B.A. Part -I. It is further stated that the petitioner, however, instead of attending classes in the subject Hindi, attended his classes in the Philosophy subject. According to the respondent, the petitioner, when realized his ineligibility to appear in the subject of Philosophy, he appeared in Hindi examination. But since he had not attended the classes in Hindi nor the internal assessment was made in the said subject, it impelled the University to withhold the result of the petitioner, as per provisions of the statutes. Respondent -1 has further submitted that the statutes have been framed in order to maintain the excellence in the standards of education, and, thus, cannot be allowed to be washed out on account of error or otherwise, in the assessment of eligibility of the candidate, to appear in the examination in the subjects opted by him. Respondent -University further pointed out two options available to the petitioner - (i) that his result in Hindi subject be declared when he attains eligibility after attending classes or (ii) his result in Philosophy subject be got declared provisionally on the condition that he will qualify Part -I examination along with Philosophy as an additional subject after acquiring eligibility. According to the respondent, the directions sought by the petitioner, being contrary to the statutes, could not be issued in exercise of a writ jurisdiction.