CWP No.6303 of 2008 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6303 of 2008 Date of Decision: 09-09-2008 Meenakshi Soni ....Petitioner Versus Panjab University, Chandigarh and others .....Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Puneet Gupta, Advocate, for the petitioner. Shri Munish Bansal, Advocate, for respondent No.1. Shri R.L. Sharma, Advocate, for respondent Nos. 2 and 3. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The petitioner after qualifying 10+2 examination was admitted in B.Sc. Course at Punjabi University, Patiala. The petitioner obtained 59.7% marks in B.Sc. Part-I and 55.9% in Part-II examinations. The petitioner appeared for B.Sc. Part-III examination in April, 2007. The petitioner appeared in the Joint Entrance Test for B.Ed. (Sessions 2007-08), conducted by respondent No.2- Punjabi University. The petitioner appeared in the Joint Entrance Test held on 15.7.2007. However, the result of the petitioner for B.Sc. Part-III examination was declared on 19.6.2007. The petitioner got compartment in mathematics. The petitioner appeared in the supplementary examination in the said subject in September, 2007 and qualified the same. The petitioner has attended Classes of B.Ed. Course. It was CWP No.6303 of 2008 (2) on 14.3.2008, respondent No.4 has requested the Vice Chancellor, Panjab University, Chandigarh to permit the petitioner to appear in the annual examination treating her as a special case. It was on 29.3.2008, the Panjab University, cancelled the candidature of the petitioner on the ground that she has qualified B.Ed. Examination in September, 2007, though she was was required to do so in April, 2007. Aggrieved against the said action, the petitioner approached this Court by way of the present writ petition and vide order dated 11.4.2008, the petitioner was permitted to continue to attend the classes. The petitioner was admitted by respondent No.4 on the basis of her merit in the Entrance Test. In the application form, the petitioner has not withheld the information about her re-appear in the subject of mathematics. In fact, she was admitted in B.Ed. Course on 26.10.2007, whereas she cleared her B.Sc. Part-III Examination on 24.10.2007. It is, thus, contended that the petitioner has not withheld any information while seeking admission in the month of October, 2007. The petitioner has attended her classes as well. Therefore, the cancellation of candidature of the petitioner at this stage would be an acute hardship for the petitioner as she would lose two academic years i.e. 2007-08 and 2008-09 as well. The sequence of events shows that the petitioner was admitted to B.Ed. Course in October, 2007, after she has qualified B.Sc. Part-III in all the subjects. Though as per the Regulations, the petitioner should have qualified graduation examination in April, 2007, but the fact remains that there is no mis-representation or withholding of the information by the petitioner when she was admitted. It was for respondent No.4, who has admitted the petitioner to find out about the eligibility conditions of the petitioner. Cancellation of candidature at this CWP No.6303 of 2008 (3) stage, when the petitioner has admittedly, qualified the qualifying examination, would be unfair, unjust and loss of resources of the country. However, we cannot overlook the fact that it was respondent No.4, who has failed to carry out its duties of finding out the eligibility conditions of the candidates admitted by the said respondent. In view thereof, we allow the present writ petition in its peculiar facts and direct the respondent-University to regularise the admission of the petitioner. However, respondent No. 4, who has committed default in admitting the petitioner to the B.Ed. Course, is burdened with the costs of Rs.20,000/-. Such costs shall be deposited with the Panjab University so as compensate the University for making such admission. (HEMANT GUPTA) JUDGE (KANWALJIT SINGH AHLUWALIA) JUDGE 09-09-2008 ds