AMIT KUMAR Vs. PANJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) THE petitioners have filed this writ petition under Articles 226/ of the Constitution praying for the issuance of writ in the nature of mandamus directing the respondents to issue Roll Numbers to the petitioners for annual examination of B.A. Part -I by treating their admissions as regular and for the quashing of letters dated 24.2.1995 (Annexure P -5 & P -6).

(2.) BOTH the petitioners look admission in B.A. Part -I on 30.7.1994 and 1.8.1994 in the college (respondent No. 2) on the basis of their result of 10+2 examination. They were placed under compartment in the subject of Business Statistics of 10+2 examination. They deposited the requisite fee and remained depositing further fee upto the end of April, 1995 and also attended their classes regularly. They cleared their house -tests in January, 1995 to make them eligible to appear in the annual examination of B.A. Part -I. It is further the case of the petitioners that they cleared their compartment paper of 10+2 examination in September, 199 -4, in the first attempt. The annual examination of B.A. Part -I class were to start w.e.f. 15.4.1995, but on 2.3.1995 letter dated 24.2.1995 was displayed on the notice board of the college declaring both the petitioners ineligible to take admission in B.A. Part -I on the ground that they had secured less than 33 per cent marks in aggregate of all the subjects including the marks obtained by them in the subject of compartment of 10+2 and respondent No. 2 was directed to remove the names of the petitioners from the roll of the college -respondent No. 2. The action of the respondents is undesirable being at a belated stage i.e. on 2.3.1995 whereas the forms for admission were submitted in July, 1994. It is further alleged by the petitioners that no opportunity of hearing was afforded to them before passing the impugned order and if the impugned order is allowed to sustain, they will suffer an irreparable loss.

(3.) IT is relevant to note here that on 15.3.1995 while issuing the notice of motion, operation of the impugned orders Annexure P -5 and P -6 was stayed. Again on 22.3.1995, the petitioners were permitted to appear in the annual examination of B.A. Part -I at their own risk and responsibility and subject to the result of the writ petition. It was further ordered that the result of the petitioners would not be declared without specific order from the Court. On 7.8.1995, this petition was admitted for regular hearing. It was also directed that the petitioners' result of B.A. Part -I would be declared and they would be allowed to study further subject to the final decision of the petition.