AAKASH CHUNI Vs. UNIVERSITY OF JAMMU AND ORS.

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 27.12.2012 rendered by the learned Single Judge of this Court, holding that the admission of the appellant -petitioner to the Master of Business Administration Programme (MBA), 2012 -14 in the University of Jammu could not be regularised because such an order would violate the provisions of Statute 6(c). The aforesaid statute needs to be set out in extenso, which reads thus: -

(2.) IT is not disputed before us that at the time of his provisional admission, the appellant -petitioner has back -log of 3rd Semester paper i.e. MTH -313 of his BE (IT), which was one of the essential qualification necessary for admission to the MBA course. The course commenced on 24.07.2012 but he failed to furnish the documentary evidence of having cleared the qualifying examination within 21 days. Accordingly his admission was suspended and he has challenged the action of the University and has sought directions for regularizing his admission to MBA course 2012 -14.

(3.) THE learned Single Judge noticed that the order dated 26.10.2012 passed by the University was not challenged by the appellant -petitioner. However, a supplementary affidavit was filed by him, alleging discrimination because the relief of regularization of admission was allowed to Abhishek Gupta, Meenu Gupta, Soubhika Sharma and Vibha Mahajan. The assertion made by the appellant -petitioner was that aforesaid candidates were not able to furnish the result of clearing the qualifying examination within 21 days, as required by Statute 6 (c). The plea raised by the appellant -petitioner was rejected on the ground that M/S Abhishek Gupta, Meenu Gupta, Soubhika Sharma and Vibha Mahajan were not similarly situated. All of them had attained eligibility within the prescribed period of 21 days, however, there was delay in furnishing of certificates, therefore, the plea did not weigh with the learned Single Judge.