BALDEV RAJ KAUSHAL Vs. PUNJAB UNIVERSITY AND OTHERS
LAWS(SC)-1982-2-34
SUPREME COURT OF INDIA
Decided on February 11,1982

Baldev Raj Kaushal Appellant
VERSUS
Punjab University And Others Respondents

JUDGEMENT

D.A.Desai, J. - (1.) The appellant, Baldev Raj Kaushal, was admitted as B.Ed. Trainee to the D.M. Training College at Moga in July, 1966. It appears that he contested the General Election from Ferozepur Assembly Constituency and in the process absented himself from the lectures with the result that he did not attend the required minimum number of lectures. There was a shortfall in attendance. Subsequently, on February 25, 1967 the appellant applied for readmission to the College which application-was accepted by the Principal and consequent upon the admission he issued the circular in the following terms on August 1, 1967. It reads as under : "Baldev Raj (appellant here) is a regular student of B.Ed. Class and all the professors are requested to mask his presence in the respective registers."
(2.) The professors taking various lectures marked his presence and the appellant asserts that the professors in charge of the lectures certified that the appellant attended the required minimum number of lectures. This averment is borne out by a statement of attendance which is to be found at page 79 of the additional documents placed on record. The appellant has also produced a letter dated November 21, 1967 (p. 78 of the additional documents) addressed by the Principal of the College to the Officer-Superintendent General, Punjab University wherein he stated that the University should permit the present appellant to appear in B.Ed. Examination as a special case as he had already completed his lectures. The appellant was required to fill in an admission form for entering the examination hall and it appears that 2 at the back of this form the Principal made an endorsement that the appellant attended the college from July 1966 to December 1966 and provisionally in August-September 1967. This runs counter to the specific statement in the letter dated November 21, 1967. As a result of this endorsement, though the appellant appeared in the examination, 3 his result had been withheld on the ground that the internal assessment of the appellant had not been forwarded by the Principal and also on the ground that the Principal had recorded a certificate on the back of the admission form of the appellant, that the appellant had attended the College from July 1966-December 1966 and provisionally in August- 3 September 1967. The petitioner has also produced an endorsement forwarded to the University which reads as under : "The petitioner has completed deficiency in the lectures and that his admission form may be accepted B.Ed. (April) 1968 Examination."
(3.) Inspite of this the result of the appellant had been withheld. The appellant filed Civil Appeal No. 2417/69 in the High Court of Punjab and Haryana at Chandigarh impleading thereto the Punjab University, Mr. R.P. Garg, Principal of the D.M. Training College of Education, Mr. Iqbal Singh, Assistant Registrar, Punjab University and the 4.' Registrar of the Punjab University as respondents 1-4 respectively. The only prayer in the Writ Petition of which note must be taken is that the respondent be directed to declare the result of the petitioner if necessary, after obtaining the internal assessment from the Principal. The Division Bench of the Punjab & Haryana High Court dismissed 50 the Writ Petition of the appellant in limine. Thereupon the appellant moved this Court under Article 136 seeking special leave to appeal against the judgment and order of the High Court. This Court issued notice to the respondents to show cause why the delay should not be condoned and special leave granted. It appears that the respondents are utterly indifferent to the case and have presumably lost all interest in the matter. Even though an opportunity was given by this Court they did not appear. Consequently this Court by its order dated February 15, 1971 granted special leave to appeal and condoned the delay. Hence this appeal by special leave.;


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