Akshay Naran vs P.U.

R.L. Anand, J.—It is stated by the learned Counsel for the petitioners that in pursuance of the directions of this Court, result has been declared of both the petitioners. Petitioner No. 1-Akshay Narang has not been declared successful, therefore, he wants to withdraw the petition so far as petitionerNo. 1 is concerned. Dismissed as withdrawn vis-a-vis petitioner No. 1.

The petition shall continue qua petitioner No. 2-Dinesh Bhardwaj who has been declared successful. The Registry shall make necessary change in the case title as "Dinesh Bhardwaj v. Panjab University and another".

Dinesh Bhardwaj-the petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India and he has prayed for the issuance of a writ in the nature of Certiorari for quashing the impugned order dated 3.2.2000 and that directions be given to respondent No. 1 to confirm the registration/admission of the petitioner in B.C.A. Course Part-I. The facts in this case are not in dispute. The petitioner became successful in 10 plus 2 examination taken by way of supplementary exams and has result was declared on 29.8.1999. The last date of filing of the application for admission to B.C.A. Course was 31.8.1999. The petitioner was interviewed on 30.8.1999. He deposited the fee on the same day i.e. on 30.8.1999. The admission is being deprived to the petitioner mainly on the ground that since he has passed the examination of 10 plus 2 in the supplementary exams, therefore, he is not entitled to the admission.

I have heard Mr. D.N. Ganeriwala, Advocate, for the petitioner and Mr. H.S. Mann, Advocate, for the respondents and with their assistance I have gone through the record of the case.

The eligibility for the B.C.A. Course is 10 plus 2 and it is the common case of the parties that the result of the petitioner was declared on 29.8.1999. He was in terviewed on 30.8.1999 and this fact was to the knowl edge of the respondent-University that the result of the petitioner has been declared on 29.8.1999 and he has been declared successful. Having full knowledge of the factum of the result of the petitioner, he was inter viewed on 30.8.1999 and he was asked to deposit the fee on the same day. The essential qualification was 10 plus 2. It hardly matters if the candidate becomes suc cessful in the main examination or in the supplemen tary examination because the certificate is valid for all intents and purposes and for the purpose of 10 plus 2 examination. The distinction which is being sought by the University that since the petitioner has cleared the examination of 10 plus 2 in the supplementary exami nation, is not only arbitrary but is unjust and cannot be sustained in the eyes of law.

In these circumstances, petition qua petitioner No. 2 is allowed. Impugned order dated 3.2.200 is hereby quashed. Directions are given to respondent No. 2 to confirm the registration/admission of the petitioner No. 2 to B.C.A. Course in the Session of 1999-2000.

During the pendency of this petition, result of pe titioner No. 2 has been declared by the University and he has been declared successful and, therefore, this pe titioner will also be entitled to take the subsequent ex amination.

Petition allowed.