Devinder Kaur vs Guru Nanak Dev University, Amritsar and another

The petitioner passed her +2 examination in June/July, 1992, from National Open School, Delhi. According to the petitioner, the curricula consisted of only four subjects, i.e. English, Physics, Biology and Chemistry. On the basis of having passed +2 examination, petitioner sought admission in Lyallpur Khalsa College, Jalandhar (hereinafter called the College) in B.Sc. Part I (Medical), where she had to study the subjects of Zoology, Chemistry, Botany and one optional object like Punjabi, Hindi, Sanskrit etc. The admission was given to the petitioner on 17th August, 1992. The petitioner was required to get an eligibility certificate from the Guru Nanak Dev University, Amritsar (hereinafter called the University) because of having passed the +2 examination from an Institution other than the Punjab School Education Board, S.A.S. Nagar (Mohali). The petitioner through the College authorities applies for the eligibility certificate to the University. However, the University informed the petitioner vide letter dated 11th November, 1992 (Annexure P-3) that her admission to B.Sc. Part I (Medical) in Lyallpur Khalsa College, Jalandhar was not correct because she had qualified +2 examination from the National Open School with only four subjects; whereas for the session 1992-93 only those students were eligible for admission who had passed the + 2 examination from the Open School, Delhi with five subjects.

On 10th December, 1991 the Registrar of the University, addressed a communication to the Principals of all the Colleges affiliated with the University, that for the Session 1991-92, students who had passed Senior Secondary School Examination in Open School Scheme in five subjects (English and four other subjects) had been made eligible for admission in B.A. Part I in the colleges affiliated with the University. It is further mentioned that it had been generally seen that some students who had passed this examination in four subjects might have obtained provisional admission in B.A. Part I in various Colleges. Keeping in view the difficulties of the student class, directions had been issued to accept the admission of those students during the session 1991-92 only who had passed the examination in four subjects, but those students shall have to pass the examination in the remaining one subject, which is equivalent to the examination of +2 along with B.A. Part I. However, it is further mentioned that during the session 1992-93 only those students who had passed Senior Secondary School Examination in English and four other subjects, will be eligible to take admission in B.A. Part I. Another communication was addressed by the University to Principals of all the affiliated Colleges on I4th July, 1992 (Annexure R-3 with the written statement) regarding admission during session 1992-93. It was mentioned therein that those students who had passed Senior School examination from the National Open School, New Delhi in five subjects should be admitted in B.A./B.Sc./B.Com/B.B.A, because this examination was approved only for the above said courses by the University. It may be observed here that no such stipulation was made in the prospectus issued by the College.

The principal of the College addressed a communication to the Registrar of the University on 3rd December, 1992 (translated copy Annexure P-5 to the writ petition), intimating the University that there were only four subjects in the Open School and the petitioner had passed the four subjects therefrom. Consequently, he requested the University that the petitioner may be given a chance to clear the fifth subject from the Punjab School Education Board, for which she had already submitted the admission form. Further it was mentioned that students who had appeared in +2 examination held by the Punjab School Education Board or even from other Institutions and were placed in compartment, were eligible for admission to B.A. Part I or B.Sc. Part 1. It was also mentioned that in fact Punjab University recognises the passing of four subjects only from the open school for eligibility for admission to B.A. Part I or B.Sc. Part I. However, the University informed the petitioner on 11th December, 1992 that from the session 1992-93, only those students were eligible for admission to next higher class who had passed the +2 examination from National Open School with five subjects. This ied the petitioner to file the present writ petition. By virtue of the interim order of this Court, the petitioner is continuing her studies in the College.

The learned counsel for the petitioner has submitted that up to the session 1991-92. there were only four subjects in the Open School and it is only from the session 1992-93 that fifth subject has been introduced in the Open School. Consequently, the petitioner could not have passed the +2 examination in five subjects from the Open School in the session 1991-92, inasmuch as the curricula in the Open School consisted of only four subjects. He further submitted that this fact was brought to the notice of the University by the Principal of the College vide communication dated 3rd December, 1992 (Annexure P-5). The learned counsel has further submitted that considering this difficulty, the students who had passed the +2 examination from Open School in the session I990r91 in four subjects were allowed provisional admission in the Colleges for the session 1991 -92 by the University subject to their passing the fifth subject from another Institution. The learned counsel further submitted that if similarly situated students who had sought admission in B.A. or B.Sc. I in the session 1991-92, were given provisional admission subject to their passing in the fifth subject, there is no reason that the same benefit should be denied to the petitioner, who was similarly situated.

It was also argued that the Punjab University was considering the persons like the petitioner, who had passed +2 examination with four subjects from the Open School eligible for admission to B.Sc. Part I. According to the learned counsel, if the petitioner had been refused admission in time, he could have sought admission in any other College affiliated with the Punjab University.

It is not denied on behalf of the respondents that up to the session 1991-92, the curricula in the Open School for +2 examination was only of four subjects. It was well nigh impossible for such students to pass in five subjects from that Institution. It was considering this difficulty that the University itself had allowed provisional admission in the session 1991-92 to such students who had passed in four subjects, subject to their passing in the fifth subject. The situation for the admission in the session 1992-93 also remained the same, inasmuch till the session 1991-92, the curricula in Open School remained of four subjects. The learned counsel for the petitioner informs that in the session 1992-93, a fifth subject has been introduced in the Open School to tied over an obstacle as is being faced by the petitioner now. If similarly situated students for the session 1990-91 could be granted provisional admission subject to their passing in the fifth subject, there is no reason then why the same benefit should be denied to the students seeking admission in the session 1992-93, as the situation has not changed. The petitioner could also be allowed provisional admission subject to her passing the fifth subject.

The case can be looked from another angle also. A student who is placed in compartment in one paper in +2 examination is eligible for admission to B.Sc./B.A. Pan I as the case may be. The petitioner who has passed four subjects from the Open School can be deemingly considered to have been placed in compartment in one paper and allowed admission subject to her passing in one paper. As discussed above, the petitioner has also applied for sitting in the examination in one subject with the Punjab School Education Board, and the examination is to commence some where in March this year. Added to all the above observations is the fact that the petitioner has continued her studies in B.Sc. Part I right from August, 1992, though with effect from 22nd January, 1993, she is continuing her studies by virtue of the interim order of this Court.

For the reasons recorded above, this writ petition is allowed and the respondent-University is directed to allow the petitioner provisional admission in the B.Sc. Part I in the College and allow her to continue the studies and sit in the examination, subject to her passing in the fifth subject of the +2 standard in as many as chances as are afforded to a candidate placed in compartment. I make no order as to costs.

Petition allowed.