Ramnika vs Maharishi Dayanand University and Others

Rakesh Kumar Jain, J.—The petitioner has challenged the letter dated 06.6.2013 sent by respondent No. 2 on behalf of respondent No. 1, informing him that the University has not approved her admission and declared her ineligible for the ensuing semester examination. In brief, the petitioner appeared in 10+2 Examination held in April 2012, conducted by the National Institute of Open Schooling and secured 278 marks. Although, the petitioner had appeared in Chemistry Practical exam but inadvertently she did not sign the attendance sheet and was recorded absent in the result.

The petitioner was given provisional admission on the basis of her Senior Secondary School Examination, in the B.Tech (4 years course) in Fashion and Apparel (Engineering) by respondent No. 2 on 31.8.2012. In the meantime, the petitioner appeared in the Chemistry practical examination of the Senior Secondary School Examination in which she has been shown ''failed'' due to her non appearance in the earlier exam, the practical exam was conducted by K.C.M Army Senior Secondary School, Hansi Road, Bhiwani which is affiliated to the National Institute of Open School. The petitioner cleared the Chemistry practical exam in October, 2012. Accordingly, a revised mark sheet was issued to her on 14.12.2012. It is further averred that the petitioner has completed her first semester academic classes of the 4 years B. Tech Course, appeared in the first Semester Exam in December 2012- January 2013 and continued to pay the requisite fee along-with other charges to respondent No. 2. for the 2nd Semester. However, result of the petitioner for the first Semester was not declared on the ground that her 12th Class DMC was required. On 31.5.2013, the petitioner submitted her required deficient documents to respondent No. 1 alongwith late fee of Rs. 2500/-. However, on 31.5.2013, the Deputy Superintendent of the M.D. University made a note on the request letter sent by respondent No. 2. to respondent No. 1 that the petitioner was not eligible. In the meantime, the petitioner had already appeared in the first paper exam of 2nd Semester of 4 year B.Tech Course on 29.5.2013. But when the petitioner was appearing in the second exam of the 2nd semester on 03.6.2013, she was not allowed and on 06.6.2013, the impugned letter was served upon her.

Learned counsel for the petitioner has submitted that respondent No. 2. is affiliated to respondent No. 1 as per the Admission Brochure for the year 2013-14. The petitioner has got compartment in one of the subjects because of her absence in the practical exam could have been admitted in B.A./B.Sc., B.Com, B.Sc. (Home Science) in order of merit if the seat remained vacant. He has referred to Note (iv) A of Chapter III of the Admission Brochure as per which, a candidate who is placed under compartment in one subject only in 10+2 examination of the Board of School Education, Haryana, Bhiiwani or of any other Board/University recognised by this University may be allowed provisionally to study for Semester I exam, if he/she fulfills the requirement of percentage given in clause-I after adding minimum pass marks of the compartment subject and to clear the compartment subject in two consecutive chances.

Learned counsel for the petitioner has argued that since the petitioner has already cleared the practical exam on 14.12.2012 and she has been allowed by the College itself by giving her admission on 31.8.2012, therefore, the impugned letter could not have been served upon her and her admission should not have been disapproved by respondent No. 1.

Two replies have been filed in Court today, one by respondent No. 1 and other by respondent No. 3.

Learned counsel for the respondents has submitted that regulatory body for admission to the B.Tech Course in which the petitioner is admitted, is the Haryana State College Society which has not been made party to the lis. However, as per Admission Brochure of the said society, the minimum eligibility for admission in B.Tech is that a candidate on the date of admission must have passed 10+2 with the subjects of Mathematic, Physics and other two subjects one of which is Chemistry in which she has admittedly failed as per the result dated 8.6.2012.

Learned counsel for the respondents has further submitted that Key dates for admission to the B.E./B.Tech Courses-2012 are provided in the Brochure as per which physical reporting of the candidates at the allotted institutes after depositing semester fee at allotted institute is 21.7.2012 to 24.7.2012 and for second counseling from 31.7.2012 to 02.8.2012. Updation of vacancy position by the respective institutes is 02.8.2012 and the final cut of dates of all admission (including institute level and on line updation of institute level admissions by institutes) is 31.5 2012. In this regard, Clause 14 of Important Information for the Session 2012-13 provided in the Brochure reads as under:--

Fulfilling eligibility for B.E/B. Tech w.r.t. qualification and percentage of qualifying exam, shall be proved by the candidate not at the time of seat allotment but during physical reporting at allotted institute. A candidate may not be eligible on the Ist day of counseling but may be eligible on subsequent days of counseling due to the reasons, whatsoever. The candidate may seek admission at his/her own risk and cost and if he/she is found ineligible at the time of reporting his/her entire dues shall be forfeited and his her admission shall be cancelled for which he/she shall have no claim, whatsoever.

After hearing learned counsel for the parties and perusing the record, I have found that the petitioner has been given admission by the College on 31.8.2012 which was the final cut of date for all admissions but as per the result dated 08.6.2012, she had not cleared 10+2 exam as she failed in Chemistry exam in which she is marked absent and her result has not been declared as column of declaring result has been kept as ''crossed''. Admittedly, as per the petitioner, she cleared Chemistry exam after the admission on 31.8.2012 and on that basis a new certificate was issued on 14.12.2012.

The question involved in this case is as to whether the petitioner was required to pass the requisite test on the last date on which she was given admission or her admission could be regularised. To my mind, a bare reading of Clause 14 referred to above, shows that a candidate may seek her admission and if she is found ineligible at the time of reporting his/her entire dues shall be forfeited and her admission shall be cancelled for which she shall have no claim whatsoever. At the time of admission, the petitioner was not eligible as she did not clear the exam of Chemistry. Moreover, her admission has not been approved by the University.

In view of the above discussion, I do not find any merit in this writ petition and the same is hereby dismissed.