IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jaswant Singh, Sant Parkash, JJ.
Smriti & Ors. - Appellants
Versus
Panjab University & Ors. - Respondents
CWP No. 18084 of 2020(O&M), CWP No.20770 of 2020(O&M), CWP No.20592 of 2020(O&M), CWP No.20594 of 2020(O&M), CWP No.20609 of 2020(O&M) and CWP No.21222 of 2020(O&M)
Decided On : 04-01-2021
Weightage - Admission to B.A. LL.B (Hons.) 05 Years Integrated Course - Vol. II, Para 3.1 B of the University Calendar stipulated that weightage of 4 marks for each of the Commerce subjects as per PU Calendar Vol.11, Para 3.1 A (a) but not exceeding 16 in total, be provided to the students seeking admission to the regular B.Com. 3 year Degree Course. The University implemented the decisions and started giving weightage in Commerce subjects to the students seeking admission to B. Com. LL.B. (Hons.) 5 years Integrated Course as being given to the students seeking admission to the regular B.Com. 3 year Degree Course. The weightage is restricted to the students of+2 of Commerce stream and the students of +2 Non-Medical, Arts or Medical stream, having qualified additional subjects of Legal studies/Mathematics/Economics while seeking admission in the regular B.Com. Course or B. Com. LL.B. (Hons.) 5 years Integrated Course ONLY but not for any other Courses i.e., B.A./B.Sc etc., as are available in the Calendar of Panjab University or B.A. LL.B. (Hons.) 5 years Integrated Course. The University Calendar has a statutory backing which cannot be deviated from by the University. The terms of the prospectus could not have been altered by way of resolution dated 02.09.2020. The University is recommended to re-look into the entire issue regarding awarding of weightage from next session onwards.
Fact of the Case:
The case involved the dispute over the granting of weightage of four marks towards certain subjects for admission to B.Com LL.B (Hons) 05 Year Integrated Course and non-awarding of similar weightage to other/similar subjects while admitting students to B.A. LL.B (Hons) 05 Year Integrated Course towards determination of merit by Panjab University.
Finding of the Court:
The University is bound by the Calendar and Prospectus, and the weightage is restricted to specific streams and subjects for admission to B.Com LL.B (Hons) 5 years Integrated Course. The terms of the prospectus could not have been altered by way of resolution dated 02.09.2020. The University is recommended to re-look into the entire issue regarding awarding of weightage from next session onwards.
Issues: The main issue was the granting of weightage of four marks towards certain subjects for admission to B.Com LL.B (Hons) 05 Year Integrated Course and non-awarding of similar weightage to other/similar subjects while admitting students to B.A. LL.B (Hons) 05 Year Integrated Course towards determination of merit by Panjab University.
Ratio Decidendi: The University is bound by the Calendar and Prospectus, and the weightage is restricted to specific streams and subjects for admission to B.Com LL.B (Hons) 5 years Integrated Course. The terms of the prospectus could not have been altered by way of resolution dated 02.09.2020. The University is recommended to re-look into the entire issue regarding awarding of weightage from next session onwards.
Final Decision: The prayers made in the writ petitions were found to be without any force and were dismissed. The University is recommended to re-look into the entire issue regarding awarding of weightage from next session onwards.
JUDGMENT
Jaswant Singh, J.
Through this common order, two sets of cases will be decided as these involve inter-related prayers and issues viz. whether the Panjab University was correct in publishing notice dated 28.11.2020 whereby resolution dated 02.09.2020 granting weightage of 4 marks to students who had "Legal Studies" subject in 10+2 examination for admission to B.A LL.B (Hons) 05 Years Integrated course has been withdrawn; and whether on the basis of such decision dated 2.9.2020 taken and/or as weightage given to aspirants of B.Com LL.B (Hons) 05 Years Integrated course, similar benefit/weightage should be granted to students having subjects of B.A. LL.B (Hons.) Integrated 05 Years Law Course(s) or not.
It is a matter of record that Panjab University offers two 05 Years Integrated Courses viz. B.A. LL.B (Hons.) and B.Com LL.B (Hons.) with 184 seats each at UILS, Chandigarh with additional 120 seats for B.A. LL.B (Hons.) 05 Year Integrated Course at two regional centres of University. It is also undisputed that all the writ petitioners are aspirants for admission to B.A. LL.B (Hons.) 05 Year Integrated Course seeking weightage of additional marks as is being extended to B.Com LL.B. (Hons.) 05 Years Course.
For sake of convenience, the prayers made and issues raised are being segregated writ wise and set wise:
1st set of cases
(I) CWP-18084-2020 titled as Smriti Vs. Panjab University and others
(II) CWP-20770-2020 titled as Kavya Goel Vs. Panjab University and others.
(I) CWP-18084-2020:-
In this writ petition, the petitioner has prayed for quashing the resolution dated 02.09.2020 (Annexure P-4) vide which weightage of 04 Marks was granted to the students who had qualified "Legal Studies" subject in 10+2 Examination as the same weightage was not extended to the "Economics subject" to the students who had passed 10+2 Examination with "Economics subject" as is being given to the students seeking admission in B.Com LL.B. (Hons.) 05 years Integrated Course. She further prayed that the respondents-University be directed to fill-up the seats of B.A. LL.B. (Hons.) 05 years Integrated Course by providing weightage of 04 Marks to the "Economics subject" to the petitioner who had passed 10+2 Examination with Economics subject as the same weightage was given to the students who had passed 10+2 Examination in Commerce with Economics subject. The petitioner alleged that she is entitled to weightage of 04 marks for the subject of Economics as being granted to the subject of Legal Studies. Hence, she alleges discrimination qua students like her seeking admission to B.A. LL.B (Hons.) 05 Years Integrated Course
(II) CWP-20770-2020:-
In this writ petition, the petitioner has prayed for quashing the Provisional Merit List dated 27.11.2020 (Annexure P-14) prepared without granting weightage of Marks to the subject of "Mathematics" qualified by the petitioner in 10+2 examination while seeking admission in B.A. LL.B. (Hons.) 05 years Integrated Course as the same weightage was extended to the students seeking admission in B.Com LL.B. (Hons.) 05 years Integrated Course. She further prayed that the respondent-University be directed to prepare a fresh revised Merit List of B.A. LL.B. (Hons.) 05 years Integrated Course by providing weightage of Marks to the "Mathematics subject" qualified in 10+2 Examination.
2nd set of cases
(I) CWP-20592-2020 (Malayika Verma Vs. Panjab University and others.)
(II) CWP-20594-2020 (Divya Arunima Vs. Panjab University and others.)
(III) CWP-20609-2020 (Utkarsh Sharma Vs. Panjab University and others.)
(IV) CWP-21222-2020 (Aditya Partap Singh Vs. Panjab University and others.)
All the above mentioned writ petitions were filed by the petitioners when the University withdrew weightage of 04 marks granted to the "Legal Studies Subject" vide resolution dated 02.09.2020 to the students seeking admission in B.A. LL.B. (Hons.) 05 years Integrated Course only.
(I) CWP-20592-2020:-
The petitioner namely Malavika Verma prayed that Brochure of
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