S.S. Saron, J. - (1.) This appeal has been filed by the Panjab University, Chandigarh and others (appellants) against the judgment and order dated 18.2.2016 passed by the learned Single Judge in CWP No.26433 of 2015 whereby migration has been granted to the respondent from the Panjab University Regional Centre at Ludhiana to the Integrated Course being conducted by the University Institute of Legal Studies, Panjab University at Chandigarh in the 7th Semester of BA.LLB. (Hons.) 5 years Course in the Session 2015.
(2.) The respondent is pursuing his BA.LLB. (Hons.) 5 years Integrated Course at the Panjab University Regional Centre, Civil Lines, Ludhiana. He was admitted in the first Semester of the said Course in the Session 2012-13. The 7th Semester of the said B.A. LLB. (Hons.) 5 years Integrated Course commenced from 8.7.2015 and continued till 21.12.2015. During the Session 2015, the appellant - Panjab University issued notice dated 4.12.2015 (Annexure P2) for candidates seeking migration. It is to be noticed that migration in the 5 years Integrated Course being conducted by the University Institute of Legal Studies, Panjab University, Chandigarh is permissible in the 3rd, 5th and 7th Semesters only; besides, migration cannot be claimed as a matter of right. The Rules relating to Migration reads as under:- "10. RULES FOR MIGRATION TO B.A./B.Com. LLB (HONS.) 5 YEARS INTEGRATED COURSE. (a) Migration cannot be claimed as a matter of right. (b) No migration will be allowed in 1st, 2nd, 4th, 6th, 8th, 9th and 10th semesters. (c) Migration can be allowed only in 3rd, 5th and 7th semester of B.A./B. Com. LL.B (Hons.) 5 years integrated course. (d) Migration can be allowed to a student studying in B.A./B.Com. LL.B (Hons.) 5 years Integrated Course of any other Institution which is recognised as equivalent to the B.A./B.Com. LL.B. (Hons.) 5 years Integrated Course of Panjab University. (e) A student migrating from another University/Institute must have secured at least 45% marks in the aggregate in the preceding year(s). (f) Only those students may be considered eligible to seek migration, who have cleared all the papers of the examinations in which they had appeared from the Institution from which migration is to be sought. (g) (i) Migration will be done according to inter se merit. (ii) For students of any other University seeking migration to UILS, the maximum marks obtained by the top student of that University will be normalized against the maximum marks obtained by the top student of Panjab University in order to prepare the merit list. (h) No migration shall be allowed if there is difference of more than 2 papers (not subjects) of the course content taught in the Panjab University and in the Institution from which the student is seeking migration, in the examinations of the semesters passed by the students. The deficient papers have to be cleared within 2 consecutive attempts, failing which the student will not be promoted to the next semester. (i) Migrated student shall pay the amount of fee which he/she was required to pay in the University/College/Centre from which he/she is migrating i.e. the sum of rupees equivalent to the annual dues, tuition fee, admission fee, NRI fee etc. or the fee applicable at the University Institute of Legal Studies, whichever is higher, for the remaining period of the study at the University Institute of Legal Studies, Panjab University, Chandigarh. (j) A student seeking migration shall have to apply on the prescribed proforma by 31st July to the Director, UILS. Migration will be allowed only on the basis of merit as defined in Clause (g) above. (k) Migration shall not be allowed unless a student produces the following documents certificates issued by the University/College/Centre from which he/she intends to migrate: (a) 'No Dues Certificate' along with the amount of fee being paid by her/him to the said University/College/Centre; (b) The lower examinations pass certificates; (c) The 'Lecture Statement' and 'Character Certificate' from the University/College/Centre from where he/she intends to migrate; and." In the notice dated 4.12.2015 (Annexure P-2), the vacant seats of 3rd Semester for BA.LLB. (Hons.) had been mentioned as seven. However, for the 5th and 7th Semesters, these were mentioned as 'Nil.' This would mean that there were no seats available for migration of students to the 7th Semester during the Session 2015.
(3.) The learned Single Judge in his impugned order has mentioned that in the 7th Semester, 124 students were studying and had taken the examinations; however, two students had been detained and had not been granted admission in 8th Semester. Therefore, it was observed that the number of students studying in the 8th Semester was 122 as against the sanctioned strength of 124. It was further observed that no doubt, as per the Migration Rules, migration can be granted in the 7th Semester and in the present case, the petitioner (now respondent) had approached this Court seeking migration in the 7th Semester which he had now passed. It was further observed that once a seat was available, in the next Semester for which the respondent deserved to be granted migration from Regional Centre Ludhiana to University Institute of Legal Studies, Panjab University, Chandigarh in case he fulfilled all other conditions required for migration. The needful was ordered to be done within ten days and the petition was disposed of.;