SHALINI Vs. KURUKSHETRA UNIVERSITY
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
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R. C. Lahoti, J. -
(1.)The petitioner, appeared in B.Sc. (Home Science) Part-I examination conducted by Kurukshetra University, the respondent No. 1, which was held in the month of April, 2000, as a regular student of Govt. College, Panchkula, the respondent No. 2. On 7-8-2000, the result was declared and the petitioner was declared 'failed'. A provisional detailed marks card, despatched by the University to the college, was received by the college on 20-8-2000 and collected by the petitioner on 21-8-2000. On 13-9-2000, the petitioner applied for re-evaluation. It was rejected on the ground that the application for re-evaluation was made beyond the time prescribed therefor. The petitioner sought for a reconsideration of the rejection but the University vide its communication dated 3-11-2000 informed the petitioner that not only the application was received late but the prayer for re-evaluation was not entertainable because the petitioner's original detailed marks card ('DMC', for short) was not received uptill then.
(2.)Detailed marks card issued by the University reached the college on 6-11-2000 and collected by the petitioner on the same day. Once again, on 8-11-2000, the petitioner submitted re-evaluation application accompanied by original detailed marks card now available with the petitioner. The application was entertained by the respondents. The University took about two months' time for completing the process of re-evaluation and vide communication dated 17-1-2001, received by the petitioner on 20-1-2001, the petitioner was declared 'pass' having secured 56% marks. On 22-1-2001 the petitioner applied to the Principal of the College for giving her admission in B.Sc. Pt. II Class which was refused on the ground of inordinate delay on the part of the petitioner in seeking admission. On the same day the petitioner approached the Vice-Chancellor of the University also but her prayer met with a summary rejection only.
(3.)Having lost all hopes of redressal of her grievance by the respondents, the petitioner approached the High Court of Punjab and Haryana at Chandigarh by filing a writ petition. On 1-2-2001, the High Court issued rule nisi and also directed the respondents, by an interim order, to grant provisional admission to the petitioner subject to further orders of the Court. The petitioner commenced her course of study taking the classes regularly ever since the date of her admission under the orders of the Court. The respondent allowed her to appear in the examination but only as a private candidate. However, her result was not declared. She moved an application in her pending writ petition soliciting interim direction of the High Court to the respondents for declaring her result. The High Court took up the application for consideration on 14-9-2001 but disposed of the writ petition itself by dismissing the same forming an opinion that there was no merit in the petition on the ground that the application for re-evaluation was submitted neither within 20 days of the publication of the result nor within 20 days of the despatch of the detailed marks card. Feeling aggrieved by the order of the High Court, this petition seeking special leave to appeal has been filed.
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