Rajan Arora vs GCS Institute of Vocational Studies Bhaddal Campus and Others

Rakesh Kumar Jain, J.—The petitioner got admission in the College of respondent No. 1 in B.Com (professional) in July 2012. At that time, he had compartment in 10+2 (Commerce) in the subject of Business Studies. The admission granted to the petitioner was conditional because he had to clear his compartment examination before the final examination of the 1st semester. Petitioner appeared in the compartment exam in the year 2012 but could not qualify. He again appeared in the supplementary examination held in 2013 the result whereof was declared on 27.5.2013. Learned counsel for the petitioner has submitted that he has not been allowed to appear in the 3rd Semester exams which is going to commence from 20.11.2013, arbitrarily by the respondents on the ground that he had to submit his eligibility certificate on 15.4.2013 whereas the result was declared on 27.5.2013 which was beyond his control. He has thus prayed for a direction to respondent No. 1 to 3 to give admission to the petitioner in 3rd Semester in B.Com (Professional) and issue roll number of 3rd Semester exam to be held on 20.11.2013.

Learned counsel for the respondents has submitted that at the time of admission petitioner was not fulfilling the eligibility criteria laid down by the Punjab Technical University. He was given admission and issued roll number of the 1st Semester final examination at his own risk. He had agreed that if he failed to clear pending re-appeared exam of 10+2 then his admission shall be cancelled, fee would be forfeited and he would also be liable to pay any kind of fine to be imposed by the Technical University in context of non-eligibility. It is further submitted that vide notice dated 12.4.2013, it was made clear that the petitioner and some other students were required to submit their eligibility certificate for their respective course on 15.4.2013 which were to be scrutinized by the University on 16.4.2013 and if any student does not fulfill the eligibility criteria he/she would be declared ineligible for the course.

In this regard, reference is also made to the Ordinances of the Punjab Technical University, according to which admission has to be given in B.Com (Professional) Part-1 exam to the candidate who has passed at least 10+2 examination from the Punjab School Education Board or any other examination recognised as equivalent thereto with at least 33% marks in the aggregate in case of commerce student who had passed 10+2 examination and 40% for the students who have opted for two commerce subjects in 10+2. It is further submitted that the petitioner failed in the 1st attempt to clear his re-appear in 10+2 in 2012 and again failed in IInd attempt, therefore, he cannot agitate that the result of his re-appear was declared after the cut off date therefore, he is not to be blamed.

After hearing learned counsel for the parties and perusing the facts and circumstances of the case, I am of the considered opinion that this petition must failed because the petitioner was granted admission in B.Com professional though he had compartment in one of the subjects of Commerce, namely, Business Studies. He could not clear the compartment and was allowed to appear in the 1st semester examination at his own risk and responsibility with a clear undertaking that in case he failed to clear the examination, his admission would be cancelled and fee would be forfeited. The University provided a cut off date as 15.4.2013 for the purpose of submitting eligibility certificate and 16.4.2013 for scrutinizing the eligibility. However, the petitioner did not submit eligibility certificate upto 15.4.2013 because he did not clear supplementary exam in 2012 and thus, he has been rightly declared ineligible for admission. In view of the aforesaid discussion, I do not find any merit in the present writ petition and the same is hereby dismissed.