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2009 DIGILAW 18 (JK)

Kamaldeep Kour Mann v. University Of Jammu

2009-02-04

J.P.SINGH

body2009
1. Having been found involved in using unfair means while taking B.Ed. Entrance Examination 2004, by the Guru Nanak Dev University, the petitioner was disqualified from appearing in any examination of the University of Punjab for a period of five years. 2. Without taking requisite remedial measures to get rid of the disqualification, which, according to her, was unwarranted, she adopted another course of avoiding her disqualification, in approaching the University of Jammu to seek admission to the B. Ed. Course in one of its Institutions. 3. She was allowed by University to undergo B. Ed. Course in M.C.Khalsa College of Education, though provisionally, pending receipt of Migration Certificate from the University she had attended last attended. 4. The University of Jammu, on receipt of petitioners Migration Certificate indicating that she had been disqualified for five years from appearing in any examination of University of Punjab, from the Guru Nanak Dev University, had later cancelled her admission vide its communication No. Reg/05/1804-07 dated 29th August, 2005. 5. Aggrieved by Universitys communication, the petitioner has filed this writ petition seeking quashing of the Universitys communication, besides seeking directions against the University to permit her to pursue B. Ed. Course and take examination therefor. 6. According to the petitioners learned counsel, petitioners disqualification for a period of five years to appear in any examination of the University of Punjab does not deprive her of her right to seek admission in any other University and after having been admitted to the B. Ed. Course of the University of Jammu, she had acquired a legal right to complete the Course and take examination therefor. Learned counsel says that Universitys action of cancelling her admission is not supported by any provision of law and is, even otherwise, unsustainable being violative of Article 14 of the Constitution of India because opportunity of hearing before cancelling her admission, had not been allowed to her by the University. 7. Justifying its action of cancelling petitioners admission in exercise of powers vested in it under Statute 3 of the Universitys Statute governing admission of Students to Colleges, University Teaching Departments and other Recognized Institutions, the University says that petitioner Kamaldeep Kour Mann had sought admission under the Management Quota of M. C. Khalsa College of Education, in December, 2004, but without submitting her Migration Certificate. The University had, accordingly, allowed her admission provisionally which was, however, subject to determination of her eligibility on production of Migration Certificate. 8. As the Migration Certificate received from Guru Nanak Dev University in August, 2005 had indicated the petitioner to have been disqualified for a period of five years from appearing in any examination of the University of Punjab so the University had cancelled her admission because she was ineligible under the Statutes of the University to seek admission in the B. Ed. Course run by the University. 9. Relying upon the University Statutes, learned counsel appearing for the University submitted that having been disqualified by Guru Nanak Dev University to take any University examination for a period of five years, the petitioner is not entitled to seek admission to any Course in any other University as well, because the disqualification attached to her conduct of having used unfair means in a University examination, would continue to be a stigma with her to seek admission in any other University for five years. According to the learned counsel, admission in Universities, is available only to those who possess good conduct and character. 10. I have considered the submissions of learned counsel for the parties and gone through the case law which Mrs. Kour, learned counsel for the petitioner had referred to at the time of hearing of this petition. 11. Production of the Conduct Certificates is the sine-qua-non for seeking admission to Colleges, University Teaching Departments and other Recognized Institutions, regulated and controlled by the University of Jammu, in terms of Statute 3 of the Statutes governing admission of Students to Colleges, University Teaching Departments and other Recognized Institutions. 12. Petitioner admits in her writ petition that she had been disqualified from taking any examination in University of Punjab for five years. Her plea that she had annexed her Migration Certificate at the time of seeking admission to the B. Ed. Course of Jammu University, is, however, not supported by the documents on records. Annexure-B forming part of the writ petition, which is the Migration Certificate issued by Guru Nanak Dev University, is of March 09, 2005, which eloquently speaks of the incorrect statement which the petitioner has made in paragraph no. 6 of her writ petition that she had submitted Migration Certificate along with other documents at the time of seeking admission to the B. Ed. 6 of her writ petition that she had submitted Migration Certificate along with other documents at the time of seeking admission to the B. Ed. Course in University of Jammu. This is so because petitioner had been granted admission in December, 2004 and the Migration Certificate annexed with her petition is of a later date, i.e., March 09, 2005. 13. Petitioners admission to the B. Ed. Course in the University of Jammu being provisional and subject to the production of Migration Certificate and Conduct Certificates from the University she had last attended, would not thus vest any right in her to seek admission to B. Ed. Course in the University of Jammu in view of the provisions of Statutes 3 and 11 of the Statutes governing admission of Students to Colleges, University Teaching Departments and other Recognized Institutions, which do not permit admission of students belonging to other Universities, in the absence of production of Conduct Certificates and Migration Certificate from the University last attended. 14. Petitioner had thus no right to seek admission in B. Ed. Course run by the University of Jammu. Having been found involved in unfair means by the Guru Nanak Dev University and disqualified for a period of five years from appearing in any University examination of Punjab University, the petitioner cannot seek any direction against the University of Jammu to regularize her admission and permit her to take examination for the B.Ed. Course because she continues to carry the disqualification of having indulged in unfair means while taking entrance examination for admission to B.Ed Course in the Guru Nanak Dev University for five years, wherever she goes. This is so because the disqualification attached to her conduct because of her having been found involved in unfair means goes to the very root of her character and conduct which may not thus entitle her to receive education in any other University as well. 15. Petitioners plea that her disqualification to appear in any examination of University of Punjab for five years, does not deprive her of her right to receive education in any other University, is found to be untenable, in that, it would be irrational to interpret petitioners disqualification, restricted only to the University of Punjab. 16. 15. Petitioners plea that her disqualification to appear in any examination of University of Punjab for five years, does not deprive her of her right to receive education in any other University, is found to be untenable, in that, it would be irrational to interpret petitioners disqualification, restricted only to the University of Punjab. 16. Law laid down in Shri Krishan v. The Kurukshetra University reported as AIR 1976 SC 376 and Rajendra Prasad Mathur v. Karnataka University and anr., reported as AIR 1986 SC 1448, referred to by petitioners counsel, may not be applicable to the facts of the present case because the University of Jammu had granted provisional admission to the petitioner which was subject to the production of Migration Certificate and in this view of the matter, admission being provisional, could well be withdrawn by the University, without any prior notice to the petitioner, when her Migration Certificate did not justify her admission in the University in view of the Universitys Statute and the legal position referred to herein. 17. Petitioner appears to have secured her provisional admission in University of Jammu by misrepresentation of facts as she had omitted to disclose about her disqualification by Guru Nanak Dev University to appear in any examination of Punjab University for a period of five years when she had sought admission to the B. Ed. Course. 18. I, therefore, do not find any merit in petitioners counsels submission that the University Authorities had granted admission to the petitioner despite having known about her disqualification because nothing has been placed on records to substantiate the plea, which on the basis of the material available on records is not even otherwise sustainable. 19. Having secured admission by misrepresenta-tion of facts, petitioner was not entitled to any hearing before cancellation of her provisional admission. 20. For all what has been said above, I do not find any merit in the writ petition, which is, accordingly, dismissed.