High CourtsDivision Bench(2011) 07 SHI CK 0103

Navjot Sharma vs C.S.K. HPKV

High Court Of Himachal Pradesh · Decided on 27 July 2011

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Sharma, J
CASE NUMBER
CWP No. 5569 of 2011

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Judgment

8 paragraphs · 370 words

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

(i) That any provision contained in Academic Regulations of the Respondent-University, Annexure P-1 requiring compulsory NCC/NSS training for awarding degree in question may be struck down as violative of Article 14 of the Constitution of India.

(ii) In the alternative; the impugned action of the Respondent-University whereby his viva voce has not been conducted along with the others students of B.V. Sc & AH during June/July, 2011, on the ground of not fulfilling requirement of training in NCC may be declared to be against the Academic Regulations, Annexure P-1 of the Respondent-University.

(iii) That the Respondent-University may be directed to conduct the viva voce of the Petitioner forth with and consequently award him B.V. Sc & AH degree.

(iv) That the Respondent-University may be directed to consider the Petitioner for admission to M.V. Sc 2011-12 session, against the seats which have remained unfilled after counselling held on 7.7.2011.

2.

In the reply filed by the University, it is stated that NCC training is mandatory. However, while issuing the Certificate to the Petitioner inadvertently the required grading was omitted to be recorded. According to the Petitioner, had this been communicated to the Petitioner earlier, he would have been in a position to undergo the NCC training and satisfy the requirement under the relevant instruction. Be that as it may. It is seen that the Petitioner is to be admitted in the Respondent-University. The Petitioner undertakes that he will undergo NCC training for one year and satisfy the requirement of the University during his first year of PG Course. The above submission is recorded. In the peculiar facts and circumstances of the case, this writ petition is disposed of directing the Respondent-University to grant admission to the Petitioner in PG Course in case the Petitioner is otherwise eligible. It is made clear that in case the Petitioner does not satisfactorily complete the NCC training during the first year of his PG Course, the admission given to the Petitioner shall stand cancelled.

3.

The writ petition is disposed of, so also the pending applications, if any.

A copy of this judgment, duly authenticated by the Court Master, be given to the parties.