Ketan Aggarwal v. Panjab University & ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 16.12.2016 Ketan Aggarwal ....Petitioner(s)

Versus

The Panjab University, Chandigarh and another

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Sanjay Tangri, Advocate, for the petitioner.

Mr. Indresh Goel, Advocate, for respondent no. 1.

Mr. R.S. Dadwal, Advocate, for Mr. Aman Chaudhary, Advocate, for respondent no. 2.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks re-admission in the 1st year of Bachelor of Arts for the academic session 2016-17.

It is the case of the petitioner that after passing his senior school examination in the year 2015, he had been admitted in the B.A. course with respondent no. 2 college. The result was declared on 12.05.2016 and he only passed in one subject of English in the 1st semester of 1st year. He continued in the 2nd semester and also gave the examinations of the deficit subjects of the 1st semester thereafter. The examinations were held between 07.05.2016 to 16.05.2016.

The result of the said examinations was declared on 07.09.2016. Out of the total 10 subjects, he got reappear in 6 subjects. As per the Rules, he had to clear 50% before he could be promoted to the 2nd

semester. His grouse was that due to late declaration of result, he could not take admission in the 1st semester again as the cut off date by that time had gone by which was 20.08.2016. Resultantly, he had approached the Court also on the ground that since he had also applied for revaluation and if he was declared pass in one of the subjects, he would be entitled for admission in the 2nd year.

Counsel for the respondent-university now points out that the petitioner has not been successful in revaluation and he continues to have re-appears in 6 subjects and, therefore, cannot be granted admission in the 2nd year.

It is a matter of record that on 06.10.2016, in order to protect the interest of the petitioner, he had been directed to be re-admitted with respondent no. 2 in the 1st year provisionally, subject to the final decision of the writ petition.

In view of the above, the petitioner having failed to make the cut as per the regulations, his right of admission in the 2nd year cannot be considered.

Resultantly, the present writ petition is disposed of with the directions that the petitioner's provisional admission shall be regularized in the 1st semester in the peculiar circumstances on account of late declaration of the result.

16.12.2016 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No