KANCHAN KUMARI Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) The petitioners' submit that they are entitled to the relief if totality of circumstances are taken into consideration and, in any case, they submit that equity is in their favour. The circumstances under which this petition has come to be filed in this Court, be noticed :The petitioners sought admission in thediscipoine of B-Music. This is a five years course. Some papers are compulsory; and some papers have been described as subsidiary. Even in these papers, a candidate has to clear the examination. One latitude shown in this regard for a candidate who is unable to clear the subsidiary subject is that he is allowed provisional admission in the next class. This is true of the second year and also of the final class. The relevant stipulations in this regard is contained in para 12 of the Regulations. Copy of this is Annexure "A" with the petition. It be further seen that there is a further provision in this very Regulation. This lays down that if a particular candidate has been given provisional admission to the second year class, or the final class, but is unable to clear the subsidiary subject, then his results of the second year or final examination shall be deemed to have been cancelled, and such a candidate would have to earn fresh eligibility to appear for the same. Regulation 12 which is subject matter in this petition, be noticed. It reads as under :

(2.) The learned Counsel for the petitioners has also placed reliance on another Regulation. This is 9(ii). This provision is also being noticed. This reads as under :

(3.) The learned Counsel for the petitioners submits that the two petitioners were unable to clear the subsidiary subjects. They were granted provisional admission in the second year. They were unable to clear even during the course of study of second year. They were given provisional admission for final year also. The further fact is that the petitioners submitted their admission forms for subsidiary papers. This was done before the final examinations were held. The result in the Final examination came to be declared on 1st of December, 1995 The result of the subsidiary examination could not be declared. On account of this factor, the University came to the conclusion, that the petitioners having not cleared the subsidiary examination in terms of Regulation 12 i.e. before the Final examination, therefore, they have to face the consequences enumerated in the last lines of Regulation 12 It is this aspect of the matter which is being agitated in the present petition.