G.S.SANDHAWALIA J. - (1.) THIS order shall dispose of a bunch of 5 writ petitions bearing CWP Nos.25455 of 2013 (O & M), 4297, 4358, 4360 & 4367 (O &M) of 2014, involving common questions of facts and law. However, for dictating order, the facts have been taken from CWP No.25455 of 2013, titled Aditya Pratap Duggal & others Vs. Panjab University & others (hereinafter referred to as the 'Lead case') and CWP No.4360 of 2014 titled Samar Pratap Singh Ahluwalia Vs. The Panjab University & another.
(2.) THE dispute in the present bunch of writ petitions pertain to the admission which is to be granted against the 60 additional seats which have been sanctioned by the Bar Council of India (hereinafter referred to as the 'BCI') vide letter dated 24.10.2013 (Annexure P1) in the B.Com. LL.B. (Hons.) 5 year Integrated Course, conducted by the respondent -University. The three petitioners, in the lead case, approached this Court by filing the said writ petition, praying that the respondents should made admissions to the said Course against the sanctioned enhanced intake capacity of 60 seats since the respondents had failed to make admissions for the academic year 2013 -14, inspite of the fact that the competent authority (BCI) had granted the permission, after conducting the inspection. Counsel for the University had put in appearance on 16.12.2013. In its first short affidavit dated 17.01.2014, by the Registrar of the respondent - University, the plea taken was that admission process for the academic session 2013 -14 had started in March, 2013. In anticipation of the approval from the BCI, 180 seats were advertised, 120 for B.A. LL.B. (Hons.) and 60 seats for the B.Com. LL.B. (Hons.) course. The final approval from the BCI was received on 31.10.2013, by e.mail dated 24.10.2013 and received on 18.11.2013 and therefore, it was not possible to admit 60 more students (one section) to the said Course, at that juncture. Intimation was sent to the BCI that the University Institute of Legal Studies (for short, the 'UILS') was continuing with only two sections of B.A. LL.B (Hons.) Course and of one section of B.Com. LL.B. (Hons.), for the academic session 2013 -14. It was admitted that the request had been made by the petitioners for admission to the said course which was duly considered by the teaching staff and it duly resolved that it was not possible as the classes of the 1st Semester were already over. In para Nos.16 & 17 of the affidavit, it was submitted that the petitioners are already studying in B.A. LL.B./ B.Com. LL.B. (Hons.) elsewhere and may be admitted to 2nd Semester, purely on merit, if directed by this Court. Relevant paras read as under: "16 and 17. That it is admitted that the Bar Council of India extended the intake of seats. Reiterating the contents of the Preliminary Submissions, it is however, submitted that the petitioners who are already studying B.A. LL.B./B.Com. LL.B. (Hons.) elsewhere may be admitted to Semester - II purely on merit if directed by this Hon'ble Court. The candidates mentioned in Para no.17 of the Writ Petition were admitted by the Panjab University on the direction of this Hon'ble Court." This Court, keeping in view the above affidavit, directed the University to take a decision as to how the the additional 60 seats were to be utilized. Relevant portion of the order dated 28.01.2014 read as under: "Thus, it is apparent that the University is not taking any categorical decision as to how the additional 60 seats are to be utilized, as to whether fresh admission is to be done against the said seats or inter se migration is to be permitted. Admittedly, once the 60 seats have been sanctioned by the Bar Council of India and non -utilization of the said seats would also lead to a waste of seats for the present year, it is imperative that the University should take a decision as to how the said additional sanctioned intake is to be utilized. Let the said decision be taken within a week and the same be placed on record before the next date of hearing. Adjourned to 04.02.2014. Copy of this order be supplied to counsel for respondents No.1 to 3, under the signatures of Special Secretary of this Court."
(3.) THEREAFTER , another affidavit dated 04.02.2014 was filed that it did not seem feasible to admit students in the 2nd Semester, at this stage, as the classes have already commenced but since the UILS had the requisite facility and infrastructure, students of the affiliated colleges/regional centres, who had qualified the University Entrance Test and were pursuing the 5 year Integrated Course, would be permitted to join the UILS in the current session by way of inter se migration, as per rules. The plea taken was that it would not be possible to re -deliver the already delivered lectures of ongoing semester or to arrange any special remedial courses for such students. Relevant paragraph of the affidavit read as under: "That the teaching for the 2nd semester of B.Com L.L.B (Hons.) has already commenced on 14th January and on an average 11 lectures The classes of the 2nd have been delivered up to 01.02.2014. Semester shall be (tentatively) over on 15th April, 2014 and examination shall start from 22.04.2014, therefore it does not seem feasible to admit fresh candidates in the 2nd semester at this stage. University School of Legal Studies, Panjab University has got requisite facility and infrastructure and the additional 60 seats in the B.Com L.L.B (Hons.) will be filled w.e.f. academic session 2014 -15. However, the students of the affiliated colleges/Regional Centres who have qualified the University Entrance test and are already pursuing 5 years integrated law courses would be permitted to join the University School of Legal Studies in the current session by way of inter se migration, as per rules, on the condition that it will not be possible to re -deliver the already delivered lectures of ongoing semester or to arrange any special remedial courses for such students in the current semester." ;