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2006 DIGILAW 2326 (PNJ)

Sandeep Kaur v. Kurukshetra Univeristy

2006-05-24

S.S.NIJJAR

body2006
JUDGMENT S.S. NIJJAR, J. 1. This judgment will dispose of Civil Writ Petition Nos. 174 and 175 of 2003 as the facts and question of law are common in both the writ petitions. 2. In C.W.P.No. 174 of 2003 the petitioners have challenged the order dated 03.01.2003 and forwarding letter dated 06.01.2003 (Annexure P-3). In C.W.P.No. 175 of 2003, the petitioners have challenged the order dated 03.01.2003 and the covering letter dated 06.01.2003 (Annexure P-6). All the petitioners had taken admission in the B.Tech. Courses in the year 2001-2002 in response to the admission notice issued by respondent No.3- College, namely, Doon Valley Institute of Engineering and Technology, outside Jundla Gate, Karnal. In C.W.P.No. 174 of 2003, the petitioners had taken admission against the seats which had fallen vacant in respondent No.3- College. In C.W.P.No. 175 of 2003, the petitioners had been permitted to change the stream after admission. 3. Notice of motion was issued and the written statements were filed by the University in both the writ petitions. 4. In C.W.P.No. 174 of 2003 , it is stated that under the Information Brochure issued for the year 2002-2003, 18 students were given admission in LEET on the recommendation made by the Y.M.C.A., Faridabad. The aforesaid College had recommended 18 students and they had been admitted. The petitioners had been illegally admitted by respondent No. 3-College. This Court whilst issuing notice of motion permitted the petitioners to appear in the examinations subject to any further order which may be passed by this Court. The petitioners continued with their studies. The writ petition was admitted on 02.09.2005. Thereafter, the petitioners filed Civil Miscellaneous Application No. 12474 of 2003 in C.W.P.No. 174 of 2003 , seeking permission of the Court to appear in the 4th Semester and in the compartment paper of 3rd semester commencing from 16.06.2003. This application was allowed. It was, however, observed that the petitioners will be permitted to appear in the next examination provisionally subject to further orders and subject to the condition that the result of the examination will not be declared without permission of this Court. Thereafter, the petitioners continued their studies and appeared in the successive examinations under the orders of this Court. Similar is the position in Civil Writ Petition No. 175 of 2003. Thereafter, the petitioners continued their studies and appeared in the successive examinations under the orders of this Court. Similar is the position in Civil Writ Petition No. 175 of 2003. Now all the petitioners have completed the court, but the respondents have not declared the result of the petitioners in view of the aforesaid orders passed by this Court initially whilst issuing notice of motion. 5. Learned cause for the petitioners submits that the petitioners have not secured admission by any under hand means. They have made an application for admission in response to the notice issued by the College. They have bonafide executed their studies. The seats were available in the College. Learned counsel has placed on the record at the time of hearing a table showing the number of vacant seats against which the petitioners had been admitted. It is further submitted by the learned counsel that the petitioners were not admitted by ignoring the merit of any other candidate. The only reason for not declaring their result is dure to the observations made by this Court whilst issuing notice of motion to the effect that the result of the examinations of the petitioners will not be declared without permission of the Court. Learned counsel further submits that non-declaration of the result of the petitioners would result in the wastage of four years of the life of the petitioners. They are unable to pursue their carriers as the necessary degree has not been granted to them. 6. Mr. C.B.Goel, learned counsel for respondent Nos.1 and 2 submits that the admission of the petitioners were irregular. The college had no right to issue any admission notice. The University has not regularized the admissions of the petitioners. Therefore, no direction can be issued for declaration of the result of the petitioners. 7. I have considered the submissions made by the learned counsel for the parties. 8. I have also perused the impugned orders Annexure P-3 in C.W.P.No. 174 of 2003 and Annexure P-6 in C.W.P.No. 175 of 2003. The petitioners have already been permitted to appear in all the examinations under the orders of this Court. They have completed their studies. Orders Annexure P-3 and P-6, therefore, cannot be up-held. No other candidate will be adversely effected if the result of the petitioners is now ordered to be declared. 9. The petitioners have already been permitted to appear in all the examinations under the orders of this Court. They have completed their studies. Orders Annexure P-3 and P-6, therefore, cannot be up-held. No other candidate will be adversely effected if the result of the petitioners is now ordered to be declared. 9. A Division Bench of this Court in C.W.P.No. 13733 of 2002 ( Karan Bhalla and others v. State of Haryana and others ) decided on 26.11.2002, has also taken a similar view in similar circumstances. The observations of the Division Bench in the aforesaid case are as follows:- ‘’It is not a matter of dispute that all the candidates admitted by the private institutions (at their own level, after being permitted to do so by the CBSE) ‘’on first come first serve basis, are eligible for admission. It is also not a matter of dispute that all the candidates admitted by the State Government ‘’on merits’’ have also been accommodated against the unfilled seats belonging to the All India quota. The admissions granted earlier by the institutions itself i.e. to 351 candidates admitted by way of merit not do these admissions adversely affect rights of any of the candidates admitted by the institutions itself after the State Government permitted these institutions to make admissions at their own level. All these 351 candidates have been continuing in the disciplines to which they were originally admitted. In fact, seats are still available even after accommodating all the 351 students admitted by the colleges on ‘’first come first serve basis’’. In such circumstances, it will serve no one’s purpose to dislodge the candidates admitted by the colleges at their own level. In view of the above, the admissions granted by the institutions at their own level (to 351 candidates) are hereby regularized. The impugned orders dated 16.8.2002 and 08.8.2002 (appended as Annexure P-4 and P-5, respectively to Civil Writ Petition No. 13733 of 2002) are herby quashed. For the same reasons as have been noticed above, the subsequent order dated 28.8.2002 (appended as Annexure P-8 to Civil Writ Petition No. 14204 of 2002) is also set aside. Since, orders dated 16.8.2002, 18.8.2002 and28.8.2002 have been set aside, it will now be imperative for the affiliating Universities to register the 351 students admitted by the private institutions at their own level. Disposed of accordingly.’’ 10. Since, orders dated 16.8.2002, 18.8.2002 and28.8.2002 have been set aside, it will now be imperative for the affiliating Universities to register the 351 students admitted by the private institutions at their own level. Disposed of accordingly.’’ 10. The aforesaid observations, in my opinion, are fully applicable to the facts and circumstances of these cases. 11. In view of the above, the writ petitions are allowed. Impugned orders Annexure P-3 in CWP.No. 174 of 2003 and Annexure P-6 in CWP.No. 175 of 2003 are hereby quashed. The respondents are directed to regularize the admission of all the petitioners. They are also directed to declare the result of the petitioners forthwith. No costs.