Civil Writ Petition No.18726 of 2009(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18726 of 2009(O&M) Date of Order: 27.09.2011 Varun Vasudeva ...Petitioner Versus Panjab University and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present:Mr. Ramesh Sharma, Advocate for the petitioner. Mr. Ashish Rawal, Advocate, for Mr. Anupam Gupta, Advocate, for the respondent-University. RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari quashing the letter No.901 dated 29.10.2009, Annexure P-8, cancelling the petitioner's admission to the Master of Business Administration (off-Campus) course offered by the University School of Open Learning (for short as 'USOL'). Counsel for the petitioner submits that the petitioner has obtained 49.5% marks in his Bachelor course. As the prospectus for Master of Business Administration (off-Campus) course does not prescribe a minimum eligibility of 50% in the Bachelor course, the petitioner applied for and was granted Civil Writ Petition No.18726 of 2009(O&M) -2- admission in the Master of Business Administration (off- Campus) course. However, the admission was cancelled after six months on the ground that the petitioner has not obtained 50% marks in his Bachelors examination. It is further submitted that if 49.5% marks obtained by the petitioner are rounded-off, it would make the petitioner eligible. It is further argued that as the prospectus does not prescribe an eligibility condition of a minimum of 50% in the qualifying examination, the order cancelling the petitioner's admission is illegal and void. Counsel for the University submits that the petitioner applied for admission, in response to advertisement No.12/09/CET, Annexure P-2, which clearly provides that candidates should consult the University website for list of colleges and other details, including eligibility. The University website clearly provides an eligibility condition that a candidate should have secured 50% marks in the Bachelor's course for admission to the Master of Business Administration (off campus) course. The error committed by the department in granting admission to the petitioner has been rectified and the petitioner's admission has been consequently cancelled. It is further submitted that though the petitioner has been admitted under an interim order passed by this Court, his results clearly indicate that he is not serious about pursuing his course. I have heard counsel for the parties, perused the impugned letter, the eligibility conditions and am satisfied that Civil Writ Petition No.18726 of 2009(O&M) -3- the petitioner was not eligible for admission to the Master of Business Administration (off campus) course as he has obtained 49.5% marks in the Bachelor's examination. The University website requires a candidate to obtain 50% marks in the Bachelor course. The petitioner was admitted on account of bonafide error by the University/department. The plea that 49.5% marks should be rounded-off to 50% cannot be accepted. The principle of rounding off cannot be used to render eligible a candidate who is otherwise ineligible. At this stage, counsel for the petitioner prays that as during pendency of the writ petition, the petitioner has improved his Bachelor result to more than 50%, the University may be directed to reconsider its decision. In view of what has been held hereinabove, as the petitioner was ineligible for admission to the Master of Business Administration (off campus) course, his admission was rightly cancelled. However, as the petitioner has improved his result and has obtained more than 50% marks in the Bachelor examination, the University is directed to reconsider whether the petitioner's admission can be regularised and pass a fresh order, within 15 days from receipt of a certified copy of this order. September 27, 2011 (RAJIVE BHALLA) nt JUDGE