IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 1199 of 2008 (O&M) Date of decision: 14th May, 2008 Davneet Kaur … Petitioner Versus Registrar Panjab University and another … Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Onkar Singh, Advocate for the petitioner. Mr. H.S.Shergill, Advocate for respondent No.1. Mr. Sandeep Khunger, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. Present writ petition has been filed seeking quashing of order dated 11th January, 2008 (Annexure P-4) passed by Principal of respondent No.2 – DAV College, Abohar, Maharishi Dayanand Marg Abohar, whereby admission of the petitioner has been cancelled on the ground that she has secured less than 55% marks in B.Sc. Therefore, she was held not eligible to continue her studies in the college during Session 2007-08. It has been clarified in Annexure P-4 that her admission was provisional at her own risk and responsibility. Therefore, original documents, which were with the college, were sent back to her. Civil Writ Petition No. 1199 of 2008 The case of the petitioner is that respondent-college had issued a prospectus for admission to M.Sc. Part-I and petitioner has taken admission in M.Sc. Bio-technology as in the prospectus it was mentioned that eligibility is B.Sc. with at least 50 % of marks from any recognized university and that the candidate should have appeared in the Common Entrance Examination conducted by Panjab University, Chandigarh. Petitioner contends that she has secured 54.62% marks and she stood at No. 246 in Common Entrance Test and she has deposited Rs.39,000/- for her admission in M.Sc Part-I bio-technology. It is further contended that due to fault of the college, by publishing a wrong eligibility criteria, petitioner has taken admission and her one year is going to be wasted at the fag end of the academic session, because, University has stated that she is not eligible. This Court had issued notice of motion on January 25, 2008. Panjab University, Chandigarh – respondent No.1 has filed reply to the writ petition and has stated that as per Panjab University Calendar Vol.II, (2005) Regulation 2 at page 129, petitioner was ineligible for admission to M.Sc. as the petitioner obtained less than 55% marks in bachelors degree level. It also reproduced the following resolution: “Master of Science (2 Years Semester System) (Bio- technology) (Effective from the admission of 1989). 1. Duration of the course for the M.Sc. in Bio-technology, shall be of two academic years (Four Semesters). 2. A person with the following qualifications from the Panjab University or any other University/ Institution recognized by the Panjab University shall be eligible to join the course. Bachelor’s degree (under 10+2+3 patterns of education) in physical, biological, pharmaceutical, agricultural, veterinary or fishery science or Bachelor degree in engineering, technology, medicine (MBBS) from any University/ Institution recognized 2 Civil Writ Petition No. 1199 of 2008 by the Panjab University. The candidate must have obtained 55% marks at the Bachelor’s degree level.” It has further been stated in the reply filed by the Panjab University that DAV College Abohar made a wrong admission in violation of University rules and regulations and Panjab University has imposed a fine of Rs.1.00 lakh on respondent-DAV College, Abohar on 23.03.2008 for making wrongful admission of petitioner in violation of University rules and regulations. We had adjourned the matter on April 30, 2008 for today, i.e. 05.05.2008. We had called upon the counsel for the University to seek instructions as to whether fraction of mark can be rounded off as in present case, petitioner had secured 54.62% marks, so that the same can be considered to be 55% and the academic year of the petitioner could be saved. Counsel for Panjab University has placed on record a communication by way of affidavit from the Registrar Panjab University, according to which, for admission fraction of marks less than the requisite percentage would not be rounded off to the advantage of the candidates, i.e. 32.9%, 39.9% and 49.9% shall not be rounded off to 33%, 40% and 50% etc. The communication further states that in no other case, for admission, fraction of marks less than the requisite percentage have been rounded off to the advantage of the candidates by the Panjab University. It has been stated by the counsel for the University that there is a cut-throat competition and merit is strictly made according to the percentage. With a fraction of a mark, a number of persons can loose seat or get admission. Therefore, in the past or for future reference, University 3 Civil Writ Petition No. 1199 of 2008 adopted a strict criteria of the percentage of marks secured and fraction is not rounded off as a complete mark or percentage. We have heard counsel for the parties. We are afraid that we cannot come to the rescue of the petitioner as the prescribed standards of eligibility are to be strictly followed and even in the case of hardship, no relief can be made in favour of the petitioner. With these observations, present writ petition is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE [ASHUTOSH MOHUNTA] JUDGE May 14, 2008 rps 4