Renu v. State Of Haryana And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 02.12.2015 Renu .... Petitioner vs.

State of Haryana & ors.

.... Respondents

CORAM:

HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Parmod Chauhan, Advocate for the petitioner.

Mr. A.S.Virk, Advocate for respondent No.1.

Mr. Sanjay Panghal, Advocate for Mr. S.S.Nara, Advocate for respondent No.6.

**** G.S.Sandhawalia, J.(Oral) The petitioner seeks the relief of issuance of roll number/admit card for 1 st year examination in the Diploma in Education.

Vide detailed interim order dated 15.04.2015, relief was granted and the petitioner has taken the examination of the first semester but has missed out one examination. The case of the petitioner is that she had taken admission with respondent No.6 - college at Yamuna Nagar for the said course which is a two year course and commenced in August 2014. On account of inter se migration with one Komal Devi, which was permitted on 27.10.2014

-2- (Annexure P-4) by respondent No.4, she was allowed to shift and continued with her studies with respondent No.5 at Karnal. Vide communication dated 03.11.2014 (Annexure P-5), the said college informed respondent No.4 regarding the migration of Komal Devi. Similarly, respondent No.6 college also informed the college at Karnal regarding the fact that the student - Renu has left the college on 04.11.2014. The petitioner has relied upon the correspondence dated 10.11.2014 (Annexure P-7) whereby her examination form had been filled up at Yamuna Nagar and on account of that respondent No.5 - college had sought the roll no. from respondent No.3 - Board. It is thus, apparent that though fresh application had to be received from respondent No.5 after migration but the same has not been done. Rather it has come on record that with whom inter se migration was done, got two admit cards, which is clear from perusal of letter dated 11.04.2015 (Annexure P-8). Thus, the mistake is apparent on the face of record from respondent No.5, who has not appeared to contest the writ petition.

Learned counsel for the Board has submitted that on account of not receiving the admission form of the petitioner -Renu, the roll number could not be issued though provisionally she has been allowed to appear on account of interim order of this Court. Thus, it is apparent that on account of technical lapse on the part of respondent No.5, the petitioner has been denied the relief of sitting in the examination and she has also missed one

-3examination of the 1 st semester.

The writ petition is allowed and migration of the petitioner is regularized on fulfilling the necessary requirement with respondent No.3 - Board. The same shall be demanded by the Board in written within a period of two weeks from today. The petitioner will also be allowed to complete her course with the college at Karnal subject to fulfilling all the necessary conditions for sitting in the examination and will also get a chance to sit in the examination, which she missed out. The Board shall be entitled for the costs of Rs.10,000/-, which shall be deposited by respondent No.5 with the Board for regularistion of the admission. The result of the petitioner will also be declared for the paper in which she has appeared. (G.S. SANDHAWALIA) 02.12.2015 JUDGE sonia