- (1.) The petitioners by way of present writ petition have sought a writ of mandamus directing the Punjab University and Controller of Examinations to treat the petitioners as regular students of M.A. Part I (English) and declare their result afresh after adding the award/marks of the internal assessment given by Khalsa College for Women, Sidhwan, Ludhiana, respondent No. 3, or to pass any other appropriate writ, order or direction which the Court may deem fit and proper in the peculiar circumstances of the case.
(2.) The case set up by the petitioners is that that Khalsa College for Women, Sidhwan Khurd, Ludhiana, respondent No. 3 (hereafter referred to as 'College') is affiliated and recognised by the Punjab University, Chandigarh. As per the assertion made in the prospectus 2005-06 for giving admissions to various classes of graduation and post-graduation in subject of English, it was required that a candidate desirous of seeking admission in the classes in question should have obtained 45% marks in elective subject of English in all the three years of B.A. or he/she should possess 50% marks in the aggregate. The petitioners, who possess the requisite qualifications, applied for admission to the College in M.A. Part-I (English). In the prospectus it was mentioned that this College is recognised by the Punjab University, Chandigarh. The prospectus further showed that it was conducting the classes M.A. Part-I (English). As per averment in the writ petition, the petitioners have deposited the requisite fee as per the prospectus and thereafter appeared in the annual examination of M.A. Part-I (English) held in April 2006 on the basis of roll numbers issued by the Punjab University, respondent No. 1. However, the annexures attached with the writ petition revealed that it was made clear in the roll umber slips that the roll number was issued subject to final confirmation of eligibility of the candidate. On scrutiny of the application forms submitted by the candidates, it was noticed that that the College was not affiliated to the Punjab University for purposes of M.A. Part-I (English) and, therefore, the petitioners were treated to be private candidates and their result was declared as such.
(3.) It was also the case of the petitioners that as they have not been given the benefit of internal assessment marks, their result had been adversely affected and resultantly petitioner Nos. 1 to 3 were shown to have failed while respondent No. 4 was shown to reappear in (BL2), whereas petitioner Nos. 5 to 10 were shown as pass. It was claimed by the petitioners that in case they were treated as regular candidates, they would have been shown to have passed/obtained better gradation.;