HIGH COURT OF UTTARAKHAND, AT NAINITAL Writ Petition No.2196 of 2011 (M/S) Pankaj Kapil S/o Sri Lalit Mohan Kapil and another … Petitioners Versus Kumaon University, Nainital & another …. Respondents Dated:- 17th November, 2011 Hon’ble Tarun Agarwala, J. Heard Mr. T. P. S. Takuli, the learned counsel for the petitioners and Mr. B. D. Upadhayaya, the learned counsel for the respondent University. The petitioners applied for admission in LL.B Degree Course for the academic session 2011-2012. The prospectus indicated that the students, who are undergoing the Graduate examination, could also apply and could submit their graduation marksheets on or before the last date. The petitioners submitted their forms on 19th July, 2011 and, even though, the graduation results had come out, but, the marksheets were not made available to the petitioners. Consequently, the petitioners applied for admission. It is alleged that when the marksheets were issued to the petitioners, they approached the University and made a prayer to submit their marksheets, but, the same was refused on the ground that the petitioners should produce these marksheets at the time of counselling. Since no letter was received for counselling, the petitioners approached the authority and found that the admission process was over and that the petitioners’ application forms had been rejected on the ground of non-submission of the marksheets. The petitioners, being aggrieved by this action, have filed the present writ petition. 2 The respondent University has filed a counter affidavit contending that the last date for submission of forms and marksheets for admission in the LL.B course was 30.08.2011 and, by the said date, the petitioners did not file the marksheets and, accordingly, their admission forms, being defective, were rejected. The respondents denied that they had refused to accept the marksheets or that any officer or clerk of the University had directed the petitioner to submit the marksheet at the time of counselling. In the light of these disputed facts, the court, by its order dated 08.11.2011, had directed the University to submit a list of students who had been admitted in the course indicating that their percentage of marks. The court finds that out of 100 seats available for admission in the normal category, 96 seats have been filled up and there are 4 seats vacant. The petitioner no.1 belongs to the general category and, accordingly to him, he has secured 54.77% marks. The last candidate who has been granted admission under the general category has 52.77% marks. Accordingly, the petitioner no.1 has secured more marks than the last candidate admitted under this category. In so far as the Scheduled Caste category is concerned, the candidate having the lowest marks is 50.77, whereas the petitioner no.2 has secured 50.1%. In the light of the aforesaid and without going into the controversy as to whether the marksheets were offered to the University or not, the fact remains that the petitioners are seeking to study the law course and there are seats vacant, it would be appropriate in the fitness of things that the petitioners may be admitted in the LL.B Degree course. 3 Accordingly, the writ petition is allowed and a writ of mandamus is issued commanding the respondents to admit the petitioners in the LL.B course in the academic session 2011-2012. Necessary formalities desired by the respondents shall be completed by the petitioners. (Tarun Agarwala, J.) Dated 17.11.2011 LSR