N.C. Khichi, J. - (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. Respondent No. 1 filed written statement pleading, inter alia, that the petitioners have no cause of action to invoke the extra -ordinary jurisdiction of this Court. The petitioners were not eligible to take admission to B.A. Part -I because they had failed to secure at least 33% marks in the aggregate of all the subjects taken up by them at the 10+2 examination, including the marks obtained by them in the subject of compartment, as laid down in Regulation 4.2. of the Panjab University Regulations. The circular has been issued by the competent authority and the delay in passing the impugned order was not on the part of respondent No. 1 as the registration forms of all the students including the petitioners were received by the University on 8.11.1994 and that too without the requisite original documents/certificates. The University wrote reminders to the respondent No. 2 to send the requisite documents which were ultimately received by the University on 13.2.1995. It then came to the notice that both the petitioners had obtained less than 33% marks in the aggregate. Thereafter, immediately the impugned orders were sent by the University. No ineligible candidate is entitled to the admission to any University course. It is alleged that no opportunity of hearing was required to be given to the candidates while ascertaining their eligibility for admission on the basis of their own original certificates. It is further pleaded that the impugned action of the University in holding the petitioners ineligible for admission to B.A. Part -I is based upon Regulation 4.2, which has statutory force under Section 31 of the Punjab University Act, 1947 and is, therefore, fully legal and valid.
(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.;