IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudhir Mittal, J.
Jaskaran Singh Matharu & Ors. – Appellants
Versus
Panjab University & Ors. – Respondents
CWP-1952-2022, CWP-1281-2022, CWP-2412-2022 and CWP-2987-2022
Decided On : 25-02-2022
Migration - University Institute of Legal Studies - Panjab University Calender, 2019, Chapter XIV - The court discussed the provision for migration for 5 years L.L.B. integrated course, emphasizing that migration may be allowed if there are vacancies and is permissible only in the 3rd, 5th, and 7th semesters. It also highlighted that migration cannot be claimed as a matter of right.
Fact of the Case:
The petitioner, a student of B.Com. L.L.B. (Hons.) 5 years Course, sought migration to University Institute of Legal Studies (UILS) from Panjab University. The migration process was initiated but later withdrawn due to a complaint of inflation of marks by Rayat College. The petitioner filed a writ petition challenging the withdrawal of migration notices.
Finding of the Court:
The court found that the decision to withdraw the migration notices was arbitrary and violative of Article 14 of the Constitution of India. It held that the University's lackadaisical attitude and last-minute withdrawal of the process were unfair to the applicants.
Issues: The issues involved the arbitrary withdrawal of migration notices, the impact of inflation of marks by Rayat College on migration, and the fairness of the University's actions in the migration process.
Ratio Decidendi: The court ruled that the decision to withdraw migration notices was arbitrary and directed the University to complete the migration process within two weeks, allowing for a screening test to determine inter se merit.
Final Decision: The writ petition was allowed, and the impugned notice dated 01.02.2022 was quashed. The University was directed to complete the migration process within two weeks and hold a screening test for the applicants.
JUDGMENT
Sudhir Mittal, J. - This judgment shall decide all the above mentioned writ petitions as common questions of fact and law are involved therein. For ease of reference facts are being extracted from CWP No. 1952 of 2022.
2. The petitioner is a student of B.Com. L.L.B. (Hons.) 5 years Course being conducted by respondent No. 3. Presently, he is a student of 3rd semester. He is desirous of migrating to respondent No. 2 - University Institute of Legal Studies (UILS). Respondent No. 1 - Panjab University published a notice dated 24.08.2021 inviting applications for migration to 3rd, 5th and 7th semesters of B.A./B.Com. L.L.B. (Hons.) 5 years integrated course, Session 2021-2022 being conducted at UILS Chandigarh. Applications were to be submitted between 01.09.2021 and 07.09.2021. The petitioner submitted his application dated 01.09.2021. Two months later, Public Notice dated 18.11.2021 was issued informing all applicants for migration to submit copies of their DMCs/results of the previous semesters by 29.11.2021. This notice was complied with and the result was submitted vide application dated 24.11.2021. Based on the previous results, a merit list of students desirous of migrating to 3rd semester of UILS was drawn up in which name of the petitioner is at Serial No. 1 amongst the B.Com. L.L.B. (Hons.) students. This was followed by another Public Notice (copy of which is Annexure P-8) informing the applicants that online counselling would beheld on 17.12.2021 between 10.50 a.m. and 12.00 noon. A day prior to the counselling, notice dated 16.12.2021 was posted postponing the migration till receipt of further orders from the competent authorities. This was followed by notice dated 01.02.2022 whereby all earlier notices regarding migration to UILS during the Session 2021-2022 were withdrawn. Thus, the present writ petition was filed.
3. In the written statement filed on behalf of the University it has been submitted that students of the UILS had submitted a representation dated 02.09.2021 to the Controller of Examinations complaining of inflation of marks by respondent No. 3 - Rayat College of Law (hereinafter referred to as 'Rayat College'). On receipt of the complaint, a meeting of the Administrative and Academic Committee was convened at 2.30 p.m. on the same day. In this meeting, it was resolved that the University should look into the option of rationalization of result or rechecking of sheets of toppers or in the alternative to not consider online examination marks while declaring University toppers. The Committee strongly recommended centralized coding and evaluation system and further recommended that the matter requires consideration so that a proper solution could be found. The complaint as well as deliberations of the Joint Committee were forwarded to the Secretary to the Vice Chancellor on 03.09.2021. The matter was put up to the Vice Chancellor who directed constitution of a Committee comprising Controller of Examination/Director UILS vide noting dated 13.09.2021. Thereafter, the Controller of Examinations recommended holding of a screening test at the level of the concerned department for the purposes of migration. This proposal was forwarded to the Secretary to the Vice Chancellor who forwarded the same to the Vice Chancellor vide his noting dated 16.12.2021. The Vice Chancellor asked the Director UILS and Chairperson, Department of Laws to discuss jointly. It was also decided to keep the counselling for migration inabeyance till the time a final decision is taken. Thus, notice dated 16.12.2021 was issued putting the process of migration on hold. On 06.01.2022, a meeting was held of nominated faculty members of UILS and the Chairperson of Department of Laws. In this meeting it was recommended that migration for the academic Session 2021-2022 can be done after moderation. From the next academic session migration be done on the basis of entrance test. A recommendation was also made to cancel the examination centre o
AI
The main legal point established is that the University's actions in the migration process must be reasonable and fair, and any arbitrary decision can be challenged under Article 14 of the Constituti....
Migration between colleges requires valid reasons and adherence to procedural rules; a delay in application submission cannot be justified without substantial grounds.
The court declared the blanket ban on migration for medical students with disabilities unreasonable and unconstitutional, emphasizing the individual's rights under the PwD Act, thus mandating reasona....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.