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2019 DIGILAW 2046 (HP)

Roonam Gautam v. Himachal Pradesh University

2019-12-31

JYOTSNA REWAL DUA, L.NARAYANA SWAMY

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JUDGMENT Jyotsna Rewal Dua, J. - This writ petition has been preferred mainly with the following prayers:- "a) To direct the respondents university to re-draw/review the select list for admission to LL.M. course, strictly as per the eligibility criteria fixed for admission to LL.M course as prescribed in the first ordinances of the Himachal Pradesh University and as per the eligibility criteria as applicable in National Law universities for admission to PG Programme for LL.M course and also as per the entrance test conducted by the respondent university for admission to LL.M. course. b) To direct the respondents university to recommend the candidature/name of petitioner for admission to LL.M. course for the academic session of 2019-2020 in the respondent university." 2. Mr. Jeevesh Sharma, learned counsel for the petitioner, submits that the petitioner passed her LL.B. examination from H.P. University in June, 2019 and thereafter applied for admission to LL.M. Course for the Session 2019-20 under the Subsidized Category as well as Non-Subsidized category and also paid prescribed fee for both the categories. The petitioner qualified the entrance test for admission to LL.M. course and accordingly she appeared in counselling held on 23.10.2019, when she was declared ineligible by the respondents-University. Aggrieved against the said decision of the respondents-University, the instant writ petition has been preferred. 3. Mr. Neel Kamal Sharma, learned counsel for the respondents-University, has place on record the written instructions imparted to him by the respondents-University to the effect that in accordance with the Hand Book of Information of the respondents-University for the Session 2019-20, the Note appended with Clause 7.2 was not fulfilled by the petitioner and owing to this reason the petitioner was declared ineligible. The Clause 7.2 of Hand Book of Information, alongwith Note, is reproduced as under:- "7.2 Eligibility: Admission will be open to the Law graduates of Himachal Pradesh University, Shimla who have obtained LL.B. (Professional) Degree as well as Law graduates of other Universities in India whose Law Degree is recognized as equivalent to the LL.B. Degree of Himachal Pradesh University, Shimla on reciprocal basis. Provided he/she has consistent good academic record with first or high second class in LL.B. (Professional) Degree with at least 55% Marks in aggregate (50% in case of SC/ST/PwD candidates) or B Plus in the grade system marks or an equivalent degree or a foreign University. Provided he/she has consistent good academic record with first or high second class in LL.B. (Professional) Degree with at least 55% Marks in aggregate (50% in case of SC/ST/PwD candidates) or B Plus in the grade system marks or an equivalent degree or a foreign University. Note: The consistent good academic record means average of 55% in any two examination prior to LL.B. Degree (i.e. Matric, 10+2 and Graduation) or 50% marks in each of the examinations separately." 4. It is seen that the Note given in Clause 7.2 supra is not in consonance with The First Ordinances of the Himachal Pradesh University, which has been appended to this writ petition as Annexure P-3. Sub Clause 1.1 of the Chapter-I of The First Ordinances of the Himachal Pradesh University, Master of Laws (LL.M), is extracted here-inafter:- "1.1 Master of Laws (LL.M.) Candidates possessing LL.B. (Professional degree with at least 55% marks or B plus in the grade system. Provided further that in the case of SC/ST candidates the minimum percentage shall be 50%." 5. The perusal of Ordinance 1.1 Master of Laws (LL.M.), referred to above, reveals that the candidates possessing LL.B. (Professional degree) with at least 55% marks or B plus in the grade system, are eligible for admission to LL.M. Course. The aforesaid Note, which has been appended with Clause 7.2 of the Hand Book of Information, is contrary to ''The First Ordinances of the Himachal Pradesh University'', issued by the respondentsUniversity. It is the Ordinance of the University which will prevail in the instant case and not the Note which has been appended with Clause 7.2 of Hand Book of Information. 6. Taking into consideration the First Ordinance of the Himachal Pradesh University (Annexure P-3) and also the marks secured by the petitioner in LL.B. Degree as well as in the entrance test, she is entitled for admission to LL.M. Course. Accordingly, we allow the present writ petition and direct the respondents-University to give admission to the petitioner in LL.M. Course, subject to her fulfilling other eligibility conditions. With the aforesaid observations/directions, the present writ petition stands disposed of, so also pending miscellaneous application(s), if any. Copy ''Dasti''.