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2007 Supreme(P&H) 1643

PUNJAB & HARYANA HIGH COURT
Hemant Gupta, J.
Harsh Bala Talwar
Versus
The Punjab University, Chandigarh
C.W.P. No. 6167 of 1987,
Decided On : SEPTEMBER 11, 2007

The court's decision was based on the lack of evidence and the absence of substantive relief that could be granted to the petitioner.

Headnote:

Admission - B.Ed. Course - Petitioner sought admission to B.Ed. Course for the session commencing in the year 1987

Fact of the Case:

The petitioner sought admission to B.Ed. Course for the session commencing in the year 1987. The grievance of the petitioner is that candidates with lesser marks have been admitted, ignoring the petitioner's claim.

Finding of the Court:

The court found that no substantive relief can be granted to the petitioner as the facts on record do not lead to an inference that any candidate junior to the petitioner in merit in the same category has been granted admission. The court did not find any merit in the petition and dismissed it.

Issues: The issue was whether the petitioner's claim of candidates with lesser marks being admitted for the B.Ed. Course was valid.

Ratio Decidendi: The court's decision was influenced by the lack of evidence regarding candidates with lesser marks being admitted and the absence of substantive relief that could be granted to the petitioner.

Final Decision: The petition was dismissed by the court.

Judgment

Hemant Gupta, J.

1. The petitioner has sought admission to B. Ed. Course for the session commencing in the year 1987. The grievance of the petitioner is that the candidates who have secured lesser marks than the petitioner, have been admitted for the B.Ed. Course by ignoring the claim of the petitioner.

2. In reply, filed on behalf of respondent No. 3, it has been pointed out that the petitioner has not given the name of the persons who have been admitted having lesser marks than the petitioner. It has been pointed out that if a person with lesser marks belonging to reserved category, has been admitted, the petitioner cannot make grievance of such admission being a general category candidate.

3. Keeping in view the fact that the petitioner has sought admission for B. Ed. Course in the year 1987, no substantive relief can be granted to the petitioner in the present writ petition. The facts on record do not lead to an inference that any candidate, junior to the petitioner in merit in the same category, has been granted admission.

4. In view of the above, I do not find any merit in the present writ petition. The same stands dismissed. Petition dismissed.

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