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PRABALJIT SINGH versus GURU JABMHESHWAR UNIVERSITY & ORS

High Court of Punjab and Haryana, Chandigarh

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PRABALJIT SINGH v. GURU JABMHESHWAR UNIVERSITY & Ors - CWP-16995-2005 [2005] RD-P&H 100 (12 August 2005)

CWP NO.16995 OF 2005 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CWP NO.16995 OF 2005 (O&M)

DATE OF DECISION: 22.12.2005

Prabaljit Singh ...Petitioner.

Versus

Guru Jabmheshwar University and others ..Respondents.

CORAM: HON'BLE MR.JUSTICE J.S. KHEHAR
HON'BLE MR.JUSTICE A.K. MITTAL

PRESENT: Mr. P.C. Chaudhary, Advocate

for the petitioner.

J.S. Khehar, J. (oral)

The petitioner sought admission to the MCA course in the Directorate of Distance Education, Guru Jameshwar University, Hisar. The claim of the petitioner for admission was through lateral entry. The aforesaid claim is regulated by the provisions contained in Chapter 4 of the Prospectus issued by the Guru Jabmheshwar University, Hisar. The relevant portion thereof is being extracted hereunder:- "(i) The admissions to MCA course shall be made in modular form. The whole course will be of six semesters. The students leaving the course after completing first year will be awarded CWP NO.16995 OF 2005 (O&M) 2

Post-Graduate Diploma in Computer Applications. The students leaving the course after completing 2nd year course will

be awarded M.Sc. Degree Computer Sciences, and after completion of all the 3 years, they will be awarded the degree of MCA.

(ii)The admissions through latral entry in MCA course (3rd year)

will be made through Entrance Test for outside candidates whereas the admissions will be made on the basis of academic merit in respect of the candidates who pass out PGDCA (1stand 2nd

) semester and M.Sc. Computer Science

(3rd

and 4th

semester) from the Directorate of Distance Education, Guru Jambheshwar University, Hisar. The students who are declared pass in 50% or ore of the total papers of PGDCA i.e. Ist and 2nd

semester shall be promoted

to M.Sc. (Computer Science). However, a student who is declared pass in 50% or more papers of M.Sc.(Computer Science) i.e. 3rd

and 4th

Semester will be promoted to MCA

provided he/she has been declared pass in all the papers of PGDCA. Admissions in the aforesaid course will be made as per the merit drawn on the basis of performance in the Entrance Test.

CWP NO.16995 OF 2005 (O&M) 3

(iii) The admissions to MBA course shall be made through Entrance Test as per the merit drawn on the basis of performance in the Entrance Test."

The claim of admission of the petitioner was based on the entrance test "for outside candidates". It is, therefore, apparent that before the petitioner could be admitted to the MCA course, he should have qualified the M.Sc.

Degree in Computer Sciences. Since the petitioner had already appeared in the qualifying examination, he was permitted to take the entrance test. On the basis of marks awarded to him in the entrance test and his resultant merit based thereon, he was allowed admission to the MCA course in the Directorate of Distance Education by the Guru Jabmheshwar University, Hisar.

By the impugned order dated 23.3.2004 (Annexure P4) the admission of the petitioner to the MCA course was cancelled, on account of the fact, that the petitioner had failed to qualify the qualifying examination, on the basis of which he could have gained entry into the MCA course.

Learned counsel for the petitioner has invited our attention to a note incorporated in the Prospectus, which authorises the petitioner to produce evidence of his having cleared the qualifying examination by 311.12.2002.

The aforesaid note is being reproduced hereunder:- "NOTE (FOR ADMISSION TO ALL COURSES):

CWP NO.16995 OF 2005 (O&M) 4

The students appearing in the qualifying examination and whose results have not yet been declared may also apply for admission to various courses. Such candidates will have to produce the evidence of their having cleared the qualifying examination by 31.12.2002 failing which their candidature for admission will be treated as cancelled and only 75% of the admission fees deposited will be refunded. No correspondence of any kind will be entertained in the matter." It is the vehement contention of the learned counsel for the petitioner, that in the first instance he was declared to have been placed under compartment in the qualifying examination in March 2003. He thereafter eventually qualified the qualifying examination on 26.12.2003.

Having qualified the qualifying examination on 26.12.2003, the petitioner seeks regularisation of his admission to the MCA course for the academic session 2002-2003.

It is not possible for us to accept the instant contention of the learned counsel for the petitioner. In order to gain entry as an outside candidate by way of lateral entry, on the basis of an entrance test, every candidate must demonstrate that he has successfully qualified the qualifying examination. Although the admission was granted to the petitioner to the MCA course for the academic session 2002-2003, it is apparent from the CWP NO.16995 OF 2005 (O&M) 5

factual position noticed hereinabove, that the petitioner failed to qualify the qualifying examination in the aforestated academic session. He, however, has now qualified the qualifying examination on 26.12.2003. It is, however, too late in the day. It is not possible for us to accept the claim of the petitioner, namely, for regularisation of his admission to the MCA course for the academic session 2002-2003, on the basis of result of the qualifying examination, which was declared on 26.12.2003.

It would be unfair to the learned counsel for the petitioner if we do not take into consideration another submission advanced by the learned counsel, namely, that despite the fact that the petitioner was placed under compartment in the qualifying examination, he is/was factually eligible for admission to the MCA course at the relevant time, namely, at the time when he was allowed admission to the MCA course for the academic session 2002-

2003. This submission of the learned counsel for the petitioner is based on the provisions of the Prospectus already extracted hereinabove, which mandates that a candidate, who has been declared pass in 50% or more of the total papers of M.Sc. (Computer Science) would be eligible for admission to the course under reference. The instant contention of the learned counsel for the petitioner is, however, devoid of merit. Clause (i) of the Prospectus, extracted hereinabove, clearly indicates two categories of candidates eligible for admission to the MCA course. Firstly, outside candidates like the CWP NO.16995 OF 2005 (O&M) 6

petitioner, who claim admission on the basis of the entrance test, and, secondly, candidates from the Directorate of Distance Education of the Guru Jabmheshwar University, Hisar. The clause, on the basis of which the petitioner claims admission, is not meant for candidates like the petitioner, who seek admission as outside candidates. The clause which authorises a candidate who has been declared pass in 50% or more of the papers of M.Sc.

(Computer Science), therefore, is inapplicable to the petitioner who is outside candidate, as it is only applicable to students who have already pursued upto 4th

semester of the course from the Directorate of Distance Education, Guru Jabmheshwar University, Hisar.

For the reasons recorded above, we find no merit in this petition.

The same is accordingly dismissed.

( J.S. Khehar )

Judge

( A.K. Mittal )

December 22, 2005. Judge

vig


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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