JASWANT SINGH,J. - (1.) Through this common order, two sets of cases will be decided as these involve inter-related prayers and issues viz. whether the Panjab University was correct in publishing notice dated 28.11.2020 whereby resolution dated 02.09.2020 granting weightage of 4 marks to students who had "Legal Studies" subject in 10+2 examination for admission to B.A LL.B (Hons) 05 Years Integrated course has been withdrawn; and whether on the basis of such decision dated 2.9.2020 taken and/or as weightage given to aspirants of B.Com LL.B (Hons) 05 Years Integrated course, similar benefit/weightage should be granted to students having subjects of B.A. LL.B (Hons.) Integrated 05 Years Law Course(s) or not. It is a matter of record that Panjab University offers two 05 Years Integrated Courses viz. B.A. LL.B (Hons.) and B.Com LL.B (Hons.) with 184 seats each at UILS, Chandigarh with additional 120 seats for B.A. LL.B (Hons.) 05 Year Integrated Course at two regional centres of University. It is also undisputed that all the writ petitioners are aspirants for admission to B.A. LL.B (Hons.) 05 Year Integrated Course seeking weightage of additional marks as is being extended to B.Com LL.B. (Hons.) 05 Years Course. For sake of convenience, the prayers made and issues raised are being segregated writ wise and set wise: 1st set of cases (I) CWP-18084-2020 titled as Smriti Vs. Panjab University and others (II) CWP-20770-2020 titled as Kavya Goel Vs. Panjab University and others. (I) CWP-18084-2020:- In this writ petition, the petitioner has prayed for quashing the resolution dated 02.09.2020 (Annexure P-4) vide which weightage of 04 Marks was granted to the students who had qualified "Legal Studies" subject in 10+2 Examination as the same weightage was not extended to the "Economics subject" to the students who had passed 10+2 Examination with "Economics subject" as is being given to the students seeking admission in B.Com LL.B. (Hons.) 05 years Integrated Course. She further prayed that the respondents-University be directed to fill-up the seats of B.A. LL.B. (Hons.) 05 years Integrated Course by providing weightage of 04 Marks to the "Economics subject" to the petitioner who had passed 10+2 Examination with Economics subject as the same weightage was given to the students who had passed 10+2 Examination in Commerce with Economics subject. The petitioner alleged that she is entitled to weightage of 04 marks for the subject of Economics as being granted to the subject of Legal Studies. Hence, she alleges discrimination qua students like her seeking admission to B.A. LL.B (Hons.) 05 Years Integrated Course (II) CWP-20770-2020:- In this writ petition, the petitioner has prayed for quashing the Provisional Merit List dated 27.11.2020 (Annexure P-14) prepared without granting weightage of Marks to the subject of "Mathematics" qualified by the petitioner in 10+2 examination while seeking admission in B.A. LL.B. (Hons.) 05 years Integrated Course as the same weightage was extended to the students seeking admission in B.Com LL.B. (Hons.) 05 years Integrated Course. She further prayed that the respondent-University be directed to prepare a fresh revised Merit List of B.A. LL.B. (Hons.) 05 years Integrated Course by providing weightage of Marks to the "Mathematics subject" qualified in 10+2 Examination. 2nd set of cases (I) CWP-20592-2020 (Malayika Verma Vs. Panjab University and others.) (II) CWP-20594-2020 (Divya Arunima Vs. Panjab University and others.) (III) CWP-20609-2020 (Utkarsh Sharma Vs. Panjab University and others.) (IV) CWP-21222-2020 (Aditya Partap Singh Vs. Panjab University and others.) All the above mentioned writ petitions were filed by the petitioners when the University withdrew weightage of 04 marks granted to the "Legal Studies Subject" vide resolution dated 02.09.2020 to the students seeking admission in B.A. LL.B. (Hons.) 05 years Integrated Course only. (I) CWP-20592-2020:- The petitioner namely Malavika Verma prayed that Brochure of the University (Annexure P-2) as far as it relates to "Merit Calculation (Annexure P-3)" for B.A. LL.B. (Hons.)/ B.Com. LL.B. (Hons.) 05 years Integrated Course allowing weightage of 04 Marks to the "Legal Studies Subject" passed at +2 Level to B. Com. LL.B. (Hons.) 05 years Integrated Course only be quashed. She further prayed that Notice dated 28.11.2020 (Annexure P-16) vide which weightage of 04 marks withdrew to the "Legal Studies Subject" be quashed which was earlier granted vide resolution dated 02.09.2020 (Annexure P-7) to the students seeking admission in B.A. LLB. (Hons.) 05 years Integrated Course. She further prayed that she be allowed to participate in the counseling rescheduled for 02.12.2020 for admission in B.A. LL. B. (Hons.) 05 years Integrated Course as per the Merit List dated 19.10.2020 (Annexure P-10) prepared by granting weightage of 04 Marksto the Legal Studies subject. In this matter notice of motion was issued on 01.12.2020 and conduct of counseling based on revised list fixed for 02.12.2020 was ordered to be kept in abeyance. (II) CWP-20594-2020:- The petitioner namely Divya Arunima prayed for quashing the Notice dated 27.11.2020 (Annexure P-12) vide which weightage of 04 marks was withdrawn to the "Legal Studies Subject" and Provisional Merit List dated 27.11.2020 (Annexure P-ll) showing her rank at No. 262, reduced from No. 17 as shown in Tentative Merit List dated 19.10.2020 (Annexure P-8), for admission in B.A. LL.B (Hons.) 05 years Integrated Course. She further prayed that the University be directed to restore her rank in the Provisional Merit List at 17. In this matter, notice was issued on 01.12.2020 and interim order in same terms as passed in CWP No. 20592 of 2020 was passed. (III) CWP-20609-2020:- The petitioner prayed for quashing the Notice dated 27.11.2020 (Annexure P-1) vide which weightage of 04 marks was withdrawn to the "Legal Studies Subject" and Provisional Merit List dated 27.11.2020 (Annexure P-7) showing his rank at No. 356 reduced from No. 26 as shown in Tentative Merit List dated 19.10.2020 (Annexure P-5), for admission in B.A. LL.B (Hons.) 05 years Integrated Course. He further prayed that the respondents-University be directed to adopt the criteria of granting weightage of 04 marks to the "Legal Studies Subject" as per resolution dated 02.09.2020 (Annexure P-4) and restore the Tentative Merit List dated 19.10.2020.In this matter notice of motion was issued on 02.12.2020 and it was ordered that this matter be listed alongwith CWP No. 20592 of 2020. (IV) CWP-21222-2020:- The petitioner prayed for quashing the Brochure of the University (Annexure P-2) giving weightage of 04 marks to the "Legal Studies Subject" to the Students qualified at +2 Level seeking admissions in B.Com. LL.B. (Hons.) 05 years Integrated Course but was denied the same for admission in B.A. LL.B (Hons.) 05 years Integrated Course. In this matter notice of motion was issued on 10.12.2020 and interim order in terms of order passed in CWP No. 17665 of 2020 and other connected matters was ordered.
(2.) In this set of writ petitions, the petitioners allege that resolution dated 02.09.2020 was wrongly withdrawn vide notice dated 28.11.2020 and also assert discrimination on the ground that weightage of 04 marks was granted to the Commerce subjects which includes "Legal Studies Subject" to the students seeking admission in B.Com. LL.B. (Hons.) 05 years Integrated Course but was declined to the students seeking admission in B.A. LL.B. (Hons.) 05 years Integrated Course. CRUX OF THE STAND TAKEN BY PETITIONER IN BOTH SET OF WRIT PETITIONS Although detailed written submissions have been given by the writ petitioners, however, on a perusal thereof, we find that following is the common stand/arguments of the writ petitioners which is required to be noticed:- ? In case weightage is given to students who had taken Leghal Studies as a subject in 10+2 for seeking admission in B.A. LLB (Hons.) Course then similar kind of weightage should also be given to students who have studied specialized subjects relating to the courses where they seek admissions. ? Judgment of Aditya Pratap Duggal and Others Vs. Panjab University and another bearing CWP No.15512 of 2013 relied upon by the University goes in favour of the petitoners as this Court has directed University to award 4 marks for the commerce subject(s) studied at +2 level, to students seeking admission to B.Com LL.B (Hons.). It is further further argued that this judgment is per incur am, as the Court in Aditya Pratap Duggal's Case (supra) had not considered the fact that 5 year law course is an integrated one which cannot be splitted and the same is governed by the Rules of the Bar Council of India, especially Rule 13 of Legal Education Part-IV, which prohibits lateral entry by awarding a degree in splitting the integrated double degree course at any intermediary stage. ? The P.U. Calendar; Brochure; Rules and Regulations; Hand Book of information 2020-21; or guidelines attached to brochure do not specially provide for weightage of four marks for legal studies subject in B.Com LL.B (Hons.) 5 Year Course. ? University is wrongly granting weightage of marks to a few additional subjects apart from commerce while granting admission to B.Com LL.B (Hons) course by relying upon amendment made to PU Calendar Vo1-II, as the same has been carried out on 20.07.2020 i.e. much later to the publication of Brochure. , ? There cannot be discrimination amongst similar set of courses especially when the eligibility criteria is same for all the students and all are eligible for both the courses with the same qualification i.e. 10+2 in any stream. Stand of University:
(3.) The common stand taken by the respondent-Punjab University in all these cases is that no discrimination has been caused by the University while granting weightage of marks to the Commerce Subjects only to the students seeking admission in B.Com. LL.B. (Hons.) 05 years Integrated Course.;