Research › Search › Judgment

Himachal Pradesh High Court · body

2003 DIGILAW 103 (HP)

KAVITA THAKUR v. H. P. UNIVERSITY

2003-05-10

A.K.GOEL, V.K.GUPTA

body2003
JUDGMENT V.K. Gupta, CJ. (Oral) -CMP No. 654 of 2003 Infructuous. CWP No. 311 of 2003 2. At the relevant time, before September, 2001, the petitioner was undergoing correspondence course in M.Sc. (Mathematics) in Himachal Pradesh University, Shimla. She had appeared in the 2nd September of M.Sc. (Mathematics) in Himachal Pradesh University, Shimla in June, 2001. It was at that stage that she applied for migration from Himachal Pradesh-University. Migration certificate dated 28thSeptember, 2001 was issued by respondent No. 1 in which it was recorded that she had last appeared in M.Sc. (Mathematics) in 2nd Semester Examination of that University held in June, 2001. It is common ground of the parties that up-till this stage, there was neither any infirmity in her migration nor any irregularity attached thereto. 3. Annexure P-2 to the writ application shows that apparently after having migrated from Himachal Pradesh University, the petitioner did her B.Ed. under Punjab University because Annexure P-2 is the migration certificate dated 29th November, 2002 issued by Punjab University in which inter- alia it is recorded that she last appeared in B.Ed, examination of that University held in April, 2002. Parties are again in agreement that after the petitioner had migrated from Himachal Pradesh University, whatever course she did was her problem, even though Mr. Sharma, learned Counsel appearing for the respondents relying upon Para 3.3-B of the Ordinance of the Himachal Pradesh University did make an attempt to canvass his point before us that the petitioners doing B.Ed, in Punjab University was an irregular act because as per para 3.3-B, (supra) the petitioner could not be permitted to undertake that course or to pass that examination. Para 3.3-B, (supra) reads thus:- "3.3-B. No student shall be allowed to join two full time regular courses of study simultaneously. However, students shall be allowed to join the following certificate/diploma course, alongwith other regular courses including Ph.D.:- (i) Certificate/Diploma Courses in foreign languages (German, French and Russian); (ii) Certificate in Computer Appreciation; (iii) Certificate in Computer Programming; (iv) Any other part-time certificate/diploma courses to be started by the University in future." 4. First of all, para 3.3-B applies only to Himachal Pradesh University because its Ordinance cannot be applied to any other University. Secondly, the word "simultaneously" used in para 3.3-B clearly is suggestive of the situation where a student undergoes two full time regular courses of the study "simultaneously". First of all, para 3.3-B applies only to Himachal Pradesh University because its Ordinance cannot be applied to any other University. Secondly, the word "simultaneously" used in para 3.3-B clearly is suggestive of the situation where a student undergoes two full time regular courses of the study "simultaneously". It is not the contention of the respondents that while the petitioner was undergoing B.Ed, course under Punjab University (if the Ordinance is presumed to be applicable outside H.P. with request to any other University), she was either undergoing the study of M.Sc. (Mathematics) "simultaneously" or .any other study simultaneously at that time. Therefore, Para 3.3-B having no application, we have no hesitation in holding that the action of the petitioner undergoing the studies of B.Ed. under Punjab University her having passed the examination of B.Ed, in April, 2002 can be said to be suffering from any vice of irregularity or illegality. 5. The only issue which now thus survives for our consideration therefore, as would be emerging from the aforesaid narration of facts and discussion on law, is that after her migration from Punjab University, on the basis of the migration certificate dated 29th November, 2002, can she be permitted to re-join the M.Sc. (Mathematics) course from the stage she had left at the time of her migration on 28th September, 2001 from Himachal Pradesh University. \ In other words, she having left M.Sc. (Mathematics) course midway in September, 2001, she again, after a gap of almost more than one and j half years now intending to resume her aforesaid course, can she be permitted to do so ? That is the only issue which falls for our consideration in this petition. We are saying so because if the University takes a view, based on-the applicable. Rules, Regulations, Ordinances and the law that after having abandoned the course midway, a student cannot be allowed to re-join that course after a gap (of any period) from the stage left midway, the matter would end there But if there is no such bar in her re-joining under the aforesaid explained circumstances, the University has to consider her application for re-joining. 6. The trouble in this case as far as the petitioner is concerned is that after her migration from Punjab University, she did not make any formal application for re-joining the M.Sc. (Mathematics) course from the stage she had left in September, 2001. 6. The trouble in this case as far as the petitioner is concerned is that after her migration from Punjab University, she did not make any formal application for re-joining the M.Sc. (Mathematics) course from the stage she had left in September, 2001. Since she did not make any formal application, no occasion came up for the University to grant to refuse such prayer. In so far as the question relating to the grant of registration number etc. is concerned, a perusal of paras 2.4, 2.5 and 2.6 of the Ordinance clearly suggests that only after a person becomes a student of the University, would the question of her/his registration arise and consequently the allotment of the registration number. Naturally, if a person gets admission in the University, or otherwise becomes a student of the University, a bare reading of para 2.4. (supra), alongwith para 2.5 (supra), clearly stipulates that as a matter of right she is entitled to be registered and to be granted registration number because registration number is nothing else but a formal recognition of her being the student and also gives to her an identification number as far as the University records are concerned. 7. Based on the aforesaid discussion, therefore, while disposing of this petition, we permit the petitioner to make a formal application for her re-joining, in the light of circumstances explained and mentioned above. If such an application is made within two weeks from today, we direct respondent No. 1 to process, examine and consider her said application on its merits in the light of the observations made hereinabove. If the University decides to reject the application, it shall pass a speaking and reasoned order and communicate the same to the petitioner. If, however, the University decides to allow the application, it shall consequently also grant a registration number to the petitioner. In such an eventuality, the petitioner having already appeared provisionally in 3rd Semester, University also shall declare her result of 3rd Semester and depending on the result, further action in the matter shall be taken. Either way, the decision by the University shall be taken within a period of two weeks from the date of receipt of the application from the petitioner. 8. Petition disposed of. CMP No. 653 of 2003 9. Infructuous in view of disposal of the writ application. Disposed of, accordingly.