2010 Supreme(P&H) 3086
PUNJAB & HARYANA HIGH COURT
Ranjit Singh, J.
Diljot Singh
Versus
Kurukshetra University
Civil Writ Petition No. 7161 of 2010,
Decided On : NOVEMBER 18, 2010
The main legal point established in the judgment is that the college is responsible for admitting an ineligible candidate and must compensate the petitioner for the harm caused to his life and career.
Headnote:
Admission - LL.B. Examination - 45% Marks Requirement - [Admission] - [LL.B. Examination] - [Bachelors Degree or Masters Degree (2-Year Course) Examination of the Kurukshetra University or any Examination recognized as equivalent thereto, with atleast 45% marks in the aggregate (40% for SC/ST candidates) (One-Year Degree/Diploma Course like, D.P.Ed., M.Ed., B.Ed., B.Lib., Sc, etc. shall not be considered as equivalent to Bachelors Degree).
Fact of the Case:
The petitioner, a student of Three years LL.B. Course, filed a writ petition seeking direction to declare his 2nd year LL.B. examination result and permit him to appear in the final year examination. The University claimed the petitioner was ineligible for admission due to securing less than 45% marks in graduation examination.
Finding of the Court:
The court found the petitioner ineligible for admission and held the college responsible for admitting an ineligible candidate, ordering the college to refund tuition fees and compensate the petitioner for retarding his life and career.
Issues: Eligibility for LL.B. admission, responsibility for admitting ineligible candidate, compensation for harm caused to petitioner's life and career.
Ratio Decidendi: The court held that the petitioner's ineligibility for admission cannot be ignored, and the college was at fault for admitting him, ordering the college to compensate the petitioner for the harm caused to his life and career.
Final Decision: The writ petition was disposed of with the direction for the college to refund tuition fees and compensate the petitioner at the rate of Rs.50,000/- per year for a total period of three years for retarding the life and career of the petitioner.
Ranjit Singh, J.
1. The petitioner, who is a student of Three years.LLB. Course, has filed this writ petition seeking direction to the respondents to declare his result of 2nd year LL.B. examination for which he had appeared in May, 2009, but still the result has not been declared. The petitioner further prays for direction to the respondents to issue him the roll number for appearing in 3rd year Class and also to permit him for appearing in the final year examination.
2. The University, however, would confront him with the fact that the petitioner was not eligible for being admitting in the L.L.B. course and hence neither his result can be so declared as prayed for nor he is entitled to continue with his studies, his admission being illegal and, thus, bad.
3. The petitioner is a regular student of three years L.L.B. course in Swami Devi Dayal College of Law, Barwala, District Panchkula. The College is affiliated to Kurukshetra University. After completing his matriculation, the petitioner did his graduation in the year 2007 from Panjab University. Pursuant to the advertisement issued in the newspaper, the petitioner applied for admission to three years LL.B.course with respondent-5 College. The petitioner paid the requisite fees and, thus, continued his studies. In the year 2008, the petitioner appeared in the 1 st year examination and was declared successful. He accordingly was given admission in the 2nd year on deposit of requisite fees. However, the petitioner was not issued roll number initially and missed some of the papers. Subsequently, the petitioner was issued roll number and he appeared in remaining six subjects.
4. As per the petitioner, he was neither apprised of the fact that he was ineligible for getting admission. The College, however, mentions that he wasverbally told. The petitioner received a letter on 5.6.2009 that his result for 2nd year examination will not be declared till the matter regarding his eligibility was considered and decided by the University. When the University did not take any final decision and 3rd year examination was becoming due, the petitioner filed a representation on 18.11.2009 for declaring his result. His father also made a representation on 18.3.2010 for finalising the case of the petitioner. When nothing happened, the petitioner served a demand notice on 7.4.2010. Thereafter, the petitioner has filed this writ petition.
5. Notice of motion was issued and the University was given liberty to take decision in regard to the validity of the admission of the petitioner. The stand of the University, as projected, is that the petitioner is ineligible for admission to LL.B. course as he had secured less than 45% marks in graduation examination. It is stated that respondent No.5-College had admitted the petitioner, though he was ineligible and accordingly blame in this regard is put on the college. By that date, the College had not filed any response and accordingly the counsel appearing for the college prayed for time to file reply. At that stage, the counsel appearing for the college was asked to be prepared to make submission as to why college should not compensate the petitioner for admitting him despite being ineligible and, thus, creating this situation. The college has accordingly filed reply stating that after admission, the registration return alongwith the Photostat copies of the certificates were sent to the University for verification and registration. The University had then issued roll numberand, thus, the petitioner appeared for 1st year L.L.B. examination for which the University also declared a result. The college accordingly would justify their action in permitting the petitioner to attend 2nd year classes.
6. initially, the roll number was not issued to the petitioner and so he missed three papers of the 2nd year examination, but subsequently the petitioner received a roll number at his residence and accordingly he appeared in the remaining six papers. Thereafter