The court affirmed that timely application for admission and compliance with attendance regulations are critical, and failure to meet these does not violate constitutional rights.

JUDGMENT :

M.S. Ramachandra Rao, Chief Justice.

Petitioner is a final year student/scholar of Batch 2019-24, pursuing her B.B.A. LL.B (Hons.) Degree from the H.P. National Law University (respondent) (for short “the University”).

2) The said University is located in the outskirts of Shimla in Himachal Pradesh.

3) In the months of July & August, 2023, there was heavy rain fall and extreme weather conditions.

4) Therefore, the admissions of existing Batches in the next higher year though notified through a Notice dt. 24.07.2023 by the respondent-University to start from 24.7.2023 and to be completed by 07.08.2023, time was further extended thereafter up to 31.08.2023 through a Notification dt. 26.08.2023.

5) The petitioner was to get admission to her 9th Semester/5th year at that time. The Admission Form was to be filled up by the respective students by logging in their PRP Portal and filling up the Admission Form. They were also required to pay the requisite fee. These were clearly mentioned in the Notices dt. 24.07.2023 & 01.08.2023.

6) Though 31.08.2023 was fixed as the last date for payment of fee, the pe titioner made an application on 19.09.2023 vide Diary no.6030, requesting for condonation of delay in submitting the Admission Form and further requesting for admission to the 9th Semester/5th year of the course beyond the notified admission date of 31.8.2023. The petitioner, however, paid the fee on 12.09.2023 and gave a written application on 19.09.2023, as mentioned above, pleading that due to certain financial constraints, she was unable to pay the fee on time and that she had paid the same along with the penalty and claiming that the only reason behind her non-admission is her delay in payment of fee. She requested for access to her PRP Portal to complete the remaining admission formalities.

7) The respondent-University sent an email on 26.09.2023 to the petitioner stating that though the University had extended the last date of admission till 31.08.2023, she had failed to utilize even the extended time period for admission and delayed submitting her application form till 19.09.2023; by that date almost 50% of the classes had already been conducted and the date-sheet for End Semester Examination had already been notified from 03.10.2023. It was pointed out that petitioner had neither got admission as per the schedule nor would be able to comply with the requisite percentage of attendance of 70%. It was also pointed out that as per cl ause 3C.6 of the Academic Regulations, 2019 if a student fails to take admission within the prescribed time period, he/she shall be required to re-register in the previous year and shall not be considered for promotion to next higher year.

8) The petitioner then went on making representations to the Chancellor and also to the Vice Chancellor of the University on 04.10.2023, 05.10.2023 & 09.10.2023, respectively.

9) The respondent-University however reiterated its stand contained in the email dt. 26.09.2023 in a response dt. 11.10.2023 addressed to the petitioner.

The filing of this Writ Petition on 27.12.2023

10) The petitioner disputed the stand of the University in a letter Annexure P-13 and then filed the instant Writ petition on 27.12.2023, seeking the following reliefs:-

“A. That this Hon’ble Court be pleased to issue a writ of mandamus or a writ of certiorari or any other order/direction to Respondents quashing their orders dated 26.09.2023 & 11.10.2023 (i.e.