- (1.) The petitioner had sought admission in the 1st Semester of LL. B. in the Department of Laws, Punjab University, Chandigarh, in the academic Session 1990-91, but could not get admission on the basis of the merit list prepared by the Law Department. However, the petitioner got admission in the 1st year of LL.B Course (Session 1990-91) at Guru Nanak Khalsa College, Sri Ganga Nagar (Rajasthan), as a regular student, which is affiliated to Ajmer University. The petitioner applied for admission in the third Semester in the Law Department, Punjab University-respondent by way of migration on 27/08/1991. According to the averments made in the petition, the petitioner did not receive any response from the Law Department, but when he approached the Law Department to Chandigarh, he came to know that the office had sent an intimation to him on a wrong address. He was refused admission by way of migration on the ground that under the Rules and Regulations of the Punjab University regarding migration, he was not entitled for migration, inasmuch as the percentage of marks of the petitioner in the qualifying examination was less than the percentage of marks of the last candidate admitted in the first Semester in the session in which the petitioner could have applied for admission in the Law Department at Chandigarh.
(2.) According to the petitioner, he obtained 61.5%, including weightage; whereas the last candidate admitted (Sarbjit Singh) who had got admission in the 1st Semester of 1990-91 session had obtained only 54.54% marks. According to the petitioner, his application for migration had been illegally rejected. He filed a petition in this Court (C.W.P. No. 18732 of 1991), which was disposed of on 31/01/1992 in the following terms :- "After hearing learned counsel for the parties, we find, that under the rules of the University, migration from one University to another is permitted only in 3rd and 5th Semesters. Now since 3rd semester is already over, the only course left with the petitioner to seek migration is, in the 5th Semester. We, therefore, direct the University to consider the case of the petitioner for migration in the 5th semester, if otherwise he is eligible and qualified for such migration. The petition stands disposed of." According to the petitioner, in pursuance of the above-said order, he again applied for migration in the 5th Semester in the Department of Laws, Punjab University, Chandigarh, on 17/07/1992. Having failed to get any response from the Punjab University on his application for migration, he filed the present writ petition.
(3.) According to the Rules of the University, for the purpose of migration to the 5th Semester, apart from the conditions that it should be a hard case and seat should be available, the following conditions are to be satisfied :- "4.in case of candidate seeking migration to the 5th semester, the difference in the courses covered by such a candidate in the 1st and in the 2nd year and the courses prescribed by the Punjab University for the 1st and 2nd year, i.e. 1st, 2nd, 3rd and 4th semester should not be with regard to more than one paper in all. Provided that in either case a candidate seeking migration should either be having a Master's Degree, or if he does not have a Master's degree the percentage of marks of such a candidate at the graduate level should not be less than the percentage of marks of the last candidate admitted to the 1st Year, i.e. 1st Semester class in the session in which such a candidate would have applied had he joined the 1st Semester class in the Department of Laws, Punjab University, Chandigarh, in the relevant year. Provided further that if such a candidate has cleared a paper at the 1st or the 2nd year, as the case may be, which under the Punjab University Regulation, is prescribed for the 2nd or 3rd year, as the case may be, he may be exempted from appearing in. that paper. Provided further that if he had not cleared a paper which was prescribed by the Punjab University for the 1st and the 2nd year, as the case may he, he should offer it as an additional paper along with the papers prescribed for the 2nd or 3rd year, as the case may be, and clear it without being required to attend the lectures in that subject. 5. No request of migration will be entertained after the 3rd week of July and all cases of migration will be decided by the end of the 1st week of August of the relevant session.";