2013 Supreme(P&H) 711
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
CWP No.15513 of 2013
Aditya Pratap Duggal & Ors.
v.
Panjab University & Anr.
{Decided on 25/07/2013}
For the Petitioner in CWP No.15806 of 2013:Mr. Ritesh Pandey, Advocate.
For the Respondents:Mr. Amar Vivek, Advocate.
Headnote:Education Law--Admission to B.Com LLB(Hons.) 5 years integrated course--Candidates applying for said course are entitled to weightage of 4% per subject of commerce stream in 10+2 exams as given to regular students applying for regular B.Com course after 10+2--Students who are pursuing Degree of B.Com.LLB(Hons.) 5 years Integrated Course and degree of regular B.Com course cannot be discriminated by not giving weightage to one set of students. (Paras 30 to 34)
Mr. Rakesh Kumar Jain, J.:- This order shall dispose of two writ petitions bearing CWP Nos.15513 and 15806 of 2013 as the facts and the prayer made therein are identical. However, for the sake of convenience, the facts are extracted from CWP No.15513 of 2013.
2. The petitioners have prayed for quashing the eligibility criteria framed by the respondents for admission to the B.Com. LL.B. (Hons.) 5 years Integrated Course as it is contrary to the criteria framed for admission to the B.Com. Course run by the University and have also prayed for issuance of directions to the respondents to fill up the seats of the B.Com. LL.B. (Hons.) 5 years Integrated Course by adopting the same eligibility criteria as provided for admissions to the B.Com. Course.
3. Although the petitioners have also made another prayer for quashing Clause IV dealing with Inter-Changeability and transfer of seats in respect of Scheduled Caste and Scheduled Tribes whereby the maximum reservation of 15% of the Scheduled Caste candidates and 7.5% for the Scheduled Tribes candidates is increased beyond the prescribed limit to the detriment of the general category candidates and for issuance of the appropriate directions directing the respondents to fill up the unfilled seats reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes categories from amongst the General Category candidates only without indulging in Inter-Changeability of the unfilled seats reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes categories, yet this prayer has not been pressed at the time of arguments by the learned Senior counsel appearing on behalf of the petitioners.
4. Thus, no arguments have been raised by counsel for the parties in respect of this prayer.
5. In brief, the petitioners have passed 10+2 in the Commerce stream. The University Institute of Legal Studies, Panjab University (hereinafter referred to as the “UILS”) offered 120 seats for B.A. LL.B. (Hons.) 5 years Integrated Course and 60 seats of B.Com. LL.B. (Hons.) 5 years Integrated Course at the University Centre at Chandigarh, whereas 87 seats and 60 seats have been offered by the University in the B.A. LL.B. (Hons.) 5 years Integrated Course at its Regional Centres at Ludhiana and Hoshiarpur respectively.
6. The eligibility for admission to the B.A. LL.B. (Hons.) 5 years Integrated Course, as given in the prospectus for the year 2013, is that the candidates should have passed 10+2 examination with at least 50% marks from any recognized Board/University, and for admission to the B.Com. LL.B. (Hons.) 5 years Integrated Course the candidates should have passed 10+2 examination in Commerce stream or in Arts stream with Mathematics or Economics subjects with at least 50% marks. Insofar as the B.A. LL.B. (Hons.) 5 years Integrated Course is concerned, it is open to the candidates from any of the stream, namely, Science, Commerce or Arts, but the B.Com. LL.B. (Hons.) 5 years Integrated Course is restricted for the students who have passed 10+2 examination in Commerce stream or in Arts stream with Mathematics or Economics subjects with at least 50% marks. The merit of the students aspiring for both the B.A. LL.B. (Hons.) 5 years Integrated Course and the B.Com. LL.B. (Hons.) 5 years Integrated Course was to be prepared on the basis of 50% marks of the qualifying 10+2 examination and 50% marks of the entrance test. The petitioners are all 10+2 candidates from commerce stream with their respective percentage appeared in the entrance test held on 19.05.2013 and after the result was declared, a tentative merit list has been prepared along with the students coming from Arts stream with Mathematics or Economics subjects, who have been allowed to compete with them for 60 seats of the B.Com. LL.B. (Hons.) 5 years Integrated Course. The merit of the petitioners, in terms of the criteria referred to above, is as under:-
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