High CourtsDivision Bench(2012) 09 SHI CK 0011

Aashima Sharma through next friend and natural guardian father, Sandesh Kumar vs H.P. University and Principal, Maharaja Laxman Sen Post Graduate Memorial College

High Court Of Himachal Pradesh · Decided on 13 September 2012

HON’BLE JUDGES
Kurian Joseph, C.J · Dharam Chand Chaudhary, J
CASE NUMBER
CWP No. 7697 of 2012-J

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Judgment

3 paragraphs · 212 words

Justice Kurian Joseph, C.J.—An application for admission in B.Sc. 1st year, based on the marks on re-evaluation, as per Annexure P-3, has been turned down by the University. Once the petitioner is awarded marks on re-evaluation, she must be entitled to the logical consequences as well, as otherwise there is no point in the process of re-evaluation and no actual purpose would be achieved by the petitioner on the basis of marks obtained on re-evaluation. Therefore, in case the petitioner has obtained qualifying marks for admission to the B.Sc. 1st year on reevaluation, even if the reevaluation thus made is after the cut off date for admission, the petitioner shall not be denied admission, since the University''s ordinance otherwise provides for power for relaxation in such cases. It appears that this crucial aspect has missed the notice of the Vice Chancellor.

2.

In view of the above, there will be a direction to the 2nd respondent to admit the petitioner in B.Sc. 1st year in case she is otherwise in a position to secure 60% attendance in the current academic session, counting it from the date of Annexure P-3 i.e. 6th August, 2012. With the aforesaid observations, the writ petition stands disposed of, so also the pending application(s), if any.

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