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2007 DIGILAW 1682 (PNJ)

Anshu Kalra v. Vice Chancellor, Panjab University, Chandigarh

2007-09-17

ADARSH KUMAR GOEL, AJAI LAMBA

body2007
Judgment Ajai Lamba, J. 1. This petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to admit the petitioner in 3rd Semester Law Course (Morning Session) in Department of Laws, Panjab University, Chandigarh. 2. The case of petitioner is that she took admission in 3 years integrated law course in Rayat College of Law, Nawashahr, in the year 2006. The College is affiliated with Panjab University, Chandigarh. She appeared in the first two semesters pertaining to first year of law and secured 68.8% marks in the first semester and 74.4 marks in 2nd semester, therefore, showing her brilliance as a student. While pursuing her 2nd semester, she got married to an Advocate practising in the High Court at Chandigarh. On account of the hardship faced in commuting and because the rules permitted, she applied for migration. The form duly filled was submitted in time. 3. The contention of the learned counsel appearing for the petitioner is that Rayat College of Law had issued No Objection Certificate which has been placed on record as Annexure P-3. Despite the No Objection having been given, the Punjab University was insisting on payment of fees in Rayat College of Law for the 3rd semester. In the contention of the learned counsel, the petitioner had paid the migration fees. She was called for counseling on 23.8.2007 and her name was shown at Serial No. 1 in the inter se merit amongst the affiliated colleges of Panjab University. She was therefore the most meritorious student to be considered. 4. Having considered the facts and circumstances, and having heard the learned counsel, we find that the respondent University is insisting on the petitioner for paying Rs. 35,000/- as annual fee in Rayat College of Law for 3rd semester law course as well as an equivalent amount with the Panjab University for pursuing the studies in 3rd semester after migration. 5. Learned counsel appearing for the respondents in this regard has relied on Annexure R-2 which statedly is a Notice dated 1.8.2007 and narrates to be "Migration Rules at page 249, Chapter XIV(g) of I.P.U. Calendar Volume III(2005) as amended by the Syndicate vide para 76(19) in its meeting held on 26.8.2006. 5. Learned counsel appearing for the respondents in this regard has relied on Annexure R-2 which statedly is a Notice dated 1.8.2007 and narrates to be "Migration Rules at page 249, Chapter XIV(g) of I.P.U. Calendar Volume III(2005) as amended by the Syndicate vide para 76(19) in its meeting held on 26.8.2006. Para 8 thereof reads as under : "The migrated students shall pay an amount of fee which he/she was requited to pay in the university/institution from which he/she is migrating i.e. a sum of Rs. equivalent to the annual dues, tuition fee, admission fee, NRI fee etc. or applicable in the Deptt. of Laws/Institution, whichever is higher for the remaining period of the study in the Department of Laws, Panjab University, Chandigarh/institution." The contention of the learned counsel for the respondents is that the migration is permitted only the if the person is a student of the college from where he/she to be migrated. The petitioner would be a student only if she had paid the entire dues in Rayat College of Law. Since the petitioner has not deposited the said amount of Rs. 35,000/- so as to enroll herself migration was not as a student in 3rd semester, migration was not permissible. 6. We have considered the above reproduced Para 8 as well as No Objection Certificate given by Rayat College of Law. The Rayat College of Law has issued No Objection Certificate on 8.8.2007 (Annexure P-3) wherein the following has been stated :- "This is to certify that Ms. Anshu Kalra D/o Shri Krishan Kumar Kalra was a bona fide student of this College in the 2nd semester class of LL.B. 3 year course under Roll No. 3 for the session 2006-07. She has secured 68.8% (344/500) in the 1st semester and 74.4% (372/500) in the 2nd semester, holding 1st position in the college. Further, the college has no objection in her migration to Department of Laws, Panjab University, Chandigarh." 7. Para 8 reproduced above cannot be interpreted to mean that the petitioner is required to pay the entire fee in Rayat College of Law for 3rd and 4th semester and to also pay the same amount again to Panjab University for pursuing her studies in 3rd and 4th semesters. 8. In this view of the matter, we find the objection raised by the respondents to be wholly unreasonable and beyond the requirements of law. 8. In this view of the matter, we find the objection raised by the respondents to be wholly unreasonable and beyond the requirements of law. LL.B. is an integrated 3 years course. Admittedly, the petitioner is eligible for migration in the 3rd semester. There has been no break in studies of the petitioner. In this view of the matter, the explanation that if the petitioner does not pay the required fees Rayat College of Law, she cannot be construed as a student is wholly illogical. The petitioner cannot be asked to pay the fees for the 3rd and 4th semesters in Rayat College of Law and pay the same amount of fees for the same semester for pursuing her studies in Panjab University. Availability of seats is not disputed. It is also not in dispute that the petitioner has the merit as she has been shown at Serial No. 1 during counseling. 9. In this view of the matter, we allow the petition to the extent that the respondents shall not insist on the petitioner on paying Rs. 35,000/- as fee to Rayat College of Law while allowing migration to 3rd Semester Law Course, Department of Laws, Panjab University, Chandigarh.