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2018 DIGILAW 1408 (HP)

Court On Its Own Motion v. State Of H. P.

2018-07-30

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J. (Oral) - This Court took suo motu cognizance on a letter petition, addressed to this Court by a student, namely Ms. Garima Singh Thakur, r/o House No. 172, Ward No. 6, Gompa Road, Manali, District Kullu, H.P. at present Sumit Cottage, Sanjauli, Shimla-171 006, wherein she had highlighted her grievance with regard to different modes of admission being adopted by respondent University for admission to under graduate programme for the academic session 2017-2018. These two modes being (a) admission on merit basis determined on marks obtained in qualifying written examination and 10+2 examination and (b) admission through self finance or non Government aided seat, solely on the basis of marks obtained in 10+2 examination by not considering the marks obtained by a candidate in qualifying entrance examination. 2. While issuing notice, we had requested Mr. Dilip Sharma, learned Senior Counsel to assist the Court as Amicus Curiae. The respondent-University has filed its response to the writ petition, justifying its stand of adopting different modes for admission. 3. We find that the issues raised by the petitioner pertains to the academic session 2017-2018. We further find that admissions pursuant to the prospectus, so issued by the respondent-University for admission to under graduate courses stood completed in the month of July, 2017. In other words, candidates, who stood admitted on the basis of said two modes of selection have been pursuing their studies for nearly one year now. 4. In these circumstances, in our considered view, any adjudication on merit, at this stage on the admissions, so granted by the respondent-University for the academic session 2017-2018 may adversely affect those candidates, who have been pursuing their studies since July, 2017. 5. Further, we are informed that admissions for the academic session 2018-2019 are underway and in these circumstances, we feel that it would be in the interest of justice in case without making any adjudication on merit, on the issues raised in this petition, the same is closed with liberty to the letter petitioner or any other similarly situated person(s) to independently file a fresh petition, if so advised for the current academic session. 6. The writ petition is accordingly disposed of in the aforesaid terms, so also pending applications, if any. 7. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Dilip Sharma, learned Senior Advocate, Amicus Curiae. 8. 6. The writ petition is accordingly disposed of in the aforesaid terms, so also pending applications, if any. 7. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Dilip Sharma, learned Senior Advocate, Amicus Curiae. 8. Registry is directed to send a copy of this judgment to the letter petitioner for information.