IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 5095 of 2008 Date of Decision: 8.9.2009. Harpreet Kaur --Petitioner Versus Guru Nanak Dev University, Amritsar and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Ms. Anju Sharma Kaushik, Advocate with Mr. Mandeep Kaushik, Advocate for the petitioner. Mr. D.S. Patwalia, Advocate for respondents no.1 & 2. Mr. K.S. Dhillon, Advocate for respondent no.3. *** PERMOD KOHLI.J (ORAL) The petitioner passed her 10+2 examination in the year 2001 and completed her graduation in September, 2003 from Guru Nanak Dev University, Amritsar. In graduation petitioner secured 1186 marks out of 2400 marks. Thereafter, petitioner completed her Post Graduation Diploma in Computer Application in First Division from respondent no.1-university and also completed her Post Graduation as Master of Science in the discipline of Information Technology in First Division in the year 2006. The petitioner also completed her Master of Computer Applications - Lateral Entry upto 5th semester in the year 2007. Pursuant to the brochure, issued by respondent no.1-university for Joint Entrance Test for admission to B.Ed. Course, petitioner applied for her admission. She was allotted Roll No. 211778 and also permitted to participate in the entrance test. Petitioner secured rank at 1717 in the general category with 92.25 out of 250 marks CWP. No. 5095 of 2008 -2- and was granted admission to the respondent no.3-college on 8.10.2007. She deposited all the requisite fee and was also allotted Roll No. 167 in the said college. The petitioner was served with an order dated 26.2.2008 (Annexure P-2), whereby her name was struck of from the college roll with effect from the date of issuance of the aforesaid order. This order has been issued consequent upon the letter dated 6.2.2008 from the respondent no.1- university. A copy of the letter dated 6.2.2008, issued by the university has also been placed on record as Annexure P-1. From the perusal of the aforesaid order, it appears that the name of the petitioner has been struck of on the ground that the petitioner had secured less than 50% marks in her B.A. Part-III examination and was ineligible for admission to B.Ed. Course. The other ground mentioned is that the petitioner's M.Sc.-I.T with lateral entry has not been recognized by the respondent no.1-university. Aggrieved of the aforesaid order, the petitioner filed this petition. This petition was taken up for consideration on 28.3.2008 and while issuing notice of motion the operation of the impugned orders dated 6.2.2008 (Annexure P-1) and dated 26.2.2008 (Annexure P-2) was stayed. As a consequence of the said order the petitioner continued with her studies and has completed the course. The petitioner has placed on record copies of two detailed marks card of the graduation and final degree of B.A. along with C.M. No. 10906 of 2009. It is stated by the petitioner that the petitioner had applied for re-evaluation of marks and on re-evaluation the marks of the petitioner have been upgraded. Now she has secured more than 50% marks. Annexure P-1 is the detailed marks card for B.A. Part-I, wherein the petitioner has secured 414 marks out of 800. Similarly, in B.A. CWP. No. 5095 of 2008 -3- Part-III examination the petitioner has secured 415 marks out of 800 marks. Thus, total marks secured by the petitioner in B.A. Part-I to Part-III are 1263 out of 2400, which is more than 50%. Marks upgraded on re- evaluation are deemed to be upgraded from the date of passing of examination. In this manner the petitioner had secured more than 50% marks at the time of her participation in the entrance test and admission to the B.Ed. Course. Thus, she was fully eligible for admission. The other issue raised in the petition is not being considered as the petitioner has already qualified the course and was fully eligible for admission. This petition is accordingly allowed. Respondents will issue the revised detailed marks card and degree to the petitioner for her B.Ed. Course. (PERMOD KOHLI) JUDGE 8.9.2009 lucky