Petitioner sought admission in M.Sc programme but failed to submit final B.Sc results by first counselling date. He claimed assurance of admission pending late result submission. The petitioner's plea was denied as seats were filled before result arrival. Writ petition dismissed.
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CWP No. 13251 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 13251 of 2011 Date of Decision: 10.8.2011
Sandeep ..Petitioner
Versus
The State of Haryana and another
...Respondents.
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr. B.B.Sharma, Advocate for the petitioner.
Mr. S.S.Patter, Senior DAG, Haryana for respondent no.1 Mr.Shailender Singh, Advocate for respondent no.2.
RAJIVE BHALLA, J. (ORAL)
The petitioner prays for issuance of a writ in the nature of certiorari for quashing order Annexure P-6, passed by respondent no.2, declining admission to the petitioner in M.Sc (Molecular Biology and Biotechnology) and for issuance of a writ in the nature of mandamus to direct respondent no. 2 to grant him admission in the academic Session for 2011-12.
Counsel for the petitioner submits that the petitioner was a student of B.Sc (Biotechnology) in the Pt. J.L.N.College, Faridabad. The petitioner applied for admission to M.Sc (Molecular Biology and Biotechnology) and was called for counselling on 16.7.2011. The petitioner submitted original documents except the final result of 6th semester, of B.Sc (Biotechnology), which was yet to be declared. The petitioner was refused admission on the ground that he could not produce the final result of 6th semester. The petitioner was, however, assured by the Committee
CWP No. 13251 of 2011 2
Members that in case he presents his result by 18.7.2011, he would be granted admission. The Maharishi Dayanand University, Rohtak, forwarded the petitioner's confidential result to respondent no. 2, but admission was denied. Counsel for the petitioner contends that as the petitioner was given an assurance that he would be granted admission if he produces the result of final semester on 18.7.2011, the denial of admission, on the plea that the petitioner did not produce the result on 16.7.2011, is illegal and void.
Counsel for respondent no.2, however, submits that as the petitioner's final result was not declared upto 16.7.2011, the seat likely to be allotted to the petitioner was filled, in order of merit. It is denied that any member of the Committee gave an assurance to the petitioner that if he produces the final result of B.Sc. 6th semester by 18.7.2011, he would be granted admission.
I have heard counsel for the parties and perused the paper book. Admittedly, the petitioner did not produce the final result of B.Sc. 6th semester on 16.7.2011, the date for the first counselling. As urged and pleaded by the respondents, the seats were filled by 16.7.2011, itself. The petitioner's plea that he was given an assurance by members of the Counselling Committee that if he produces the final result of B.Sc 6th semester by 18.7.2011, he would be granted admission, has been specifically denied by the respondents. The seats for M.Sc (Molecular Biology and Biotechnology) were filled up on 16.7.2011, whereas the final result of B.Sc. 6th semester was forwarded only on 18.7.2011,
In this view of the matter, the writ petition is dismissed, with no order as to costs.
10.8.2011 ( RAJIVE BHALLA ) VK JUDGE
2 issues framed by the court
whether the petitioner was entitled to admission despite not submitting final semester results on the counselling date
whether an alleged assurance by the Committee coupled with delayed result declaration warrants quashing of the admissions order
Sandeep
The State of Haryana
Maharishi Dayanand University
RAJIVE BHALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
