Letters Patent Appeal No.936 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No.936 of 2011 Date of decision: 6.7.2011 Kurukshetra University, Kurukshetra ...Appellant Versus Ms. Om Pati ...Respondent and other connected appeal being Letters Patent Appeal No.877 of 2011. CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. S.C.Sibal, Senior Advocate with Mr. V.S.Rana, Advocate for the appellant. ADARSH KUMAR GOEL, ACJ. 1. This order will dispose of Letters Patent Appeals No.877 and 936 of 2011 as both the appeals have been filed by the University against common judgment of learned Single Judge directing declaration of result of the writ petitioner. 2. The writ petitioners were admitted to the B.Ed. Course but after completion of the course and their appearance in exam, result was withheld on the ground that their admission was three days beyond the cut off date. Aggrieved thereby, the students sought direction from this Court. The University opposed the petition by submitting that colleges had wrongly given admission after the cut off date and writ petition against direction of the University that the students could not be admitted beyond the cut off was dismissed which order was upheld by the Hon'ble Supreme Court. 3. Learned Single Judge after due consideration of the matter Letters Patent Appeal No.936 of 2011 -2- held that admissions having already been given and students having completed the course and having appeared in exam, it was not proper to withhold the result. Finding recorded by the learned Single Judge is as under:- “The contention of the learned counsel for the University cannot be accepted. When the names were forwarded to them for issuance of Roll Numbers, they ought to have woken up to the situation to deny such Roll Numbers to all the students. The plea of ignorance cannot be accepted more so when they were already seized of a litigation initiated by the colleges who were also pleading justification for admitting the students beyond the cut off date. The students having no inkling of the intention of the University proceeded to take the examination and thus the plea of the University that as a benevolent measure they extended the principle of parity and granted the benefit of the interim directions of the Supreme Court to the petitioners is also without any meaning for the simple reason that they never brought this to the notice of the petitioners. Thus, it cannot be accepted that the University now rake up the plea that they had merely granted this concession to the petitioners, for the reason that they speak of, was not to the knowledge of the petitioners at all who took examinations in good faith believing that all was well with their admission. xxx xxx xxx Upon due consideration of the entire matter and in the light of the observations of the various pronouncements extracted above, I am of the considered opinion that the respondent- University cannot justifiably detain the result of the petitioners Letters Patent Appeal No.936 of 2011 -3- more so when it acquiesced to the admissions of the petitioners and demonstrated laxity in not apprising the students at the right time about the fault lines in their admission process and also failed to make them aware that their action in granting them permission to take examination was an exercise designedly camouflaged in benevolence.” 4. We have heard learned counsel for the appellant. 5. It is undisputed that the students have completed their course and appeared in exams and only objection now raised is that admissions were illegal being three days given beyond the cut off date. We do not find any ground to interfere with the direction given by the learned Single Judge in the facts and circumstances of the case as students have already completed their course and appeared in exams. The appeals are dismissed. 6. A photocopy of this order be placed on the file of of the connected case. (Adarsh Kumar Goel) Acting Chief Justice July 06, 2011 (Ajay Kumar Mittal) Pka Judge