MANISH THAPALIYAL & OTHERS Vs. H N B GARHWAL CENTRAL UNIVERSITY, SHRINAGAR, GARHWAL & OTHERS
LAWS(UTN)-2013-11-96
HIGH COURT OF UTTARAKHAND
Decided on November 25,2013

Manish Thapaliyal And Others Appellant
VERSUS
H N B Garhwal Central University, Shrinagar, Garhwal And Others Respondents

JUDGEMENT

- (1.) Since the issue involved in both the writ petitions is the same, hence, both the writ petitions are being decided with a common judgment. However, for convenience the facts which are narrated relate to Writ Petition No.1040 (MS) of 2013.
(2.) The petitioners, before this Court, are the students doing Bachelor's Degree in Physical Education, known as "B.P.Ed." from a private College which is affiliated to H.N.B. Garhwal Central University. Admissions were granted to the petitioners somewhere in the month of September-October, 2012. However, at the time when petitioners appeared in the examination, an objection was raised by the University that the petitioners, infact, could not have been given admission in B.P.Ed. Course, as they had less than 45% marks in their graduation with a Physical Education as an elective subject.
(3.) According to the petitioners, the private Institutions where the petitioners are undergoing training of their course, there was no such restriction from the University, regarding a candidate having more than 45 % marks in order to get admission in B.P.Ed. course. The stand of the University is contained primarily in Paragraph 5 of the Counter Affidavit, according to which for the Year 2009-10, 2010-11, 2011-12 the students who have obtained 40% marks in the their graduation were allowed to appear in B.P.Ed. Course but as soon as the notification of the N.C.T.E. dated 23.07.2010 was brought to the notice of the University, it had no option but to follow the notification and, therefore, in compliance of the direction contained in the notification dated 23.07.2010 it did not allow the petitioners to appear in the examination, as the admission of such students having less than 45% marks was itself wrong. The notification dated 23.07.2010 has also been annexed along with the Counter Affidavit.;


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