J.V Gupta, J.:— This writ petition is directed against the order dated 27th December, 1988, Annexure P-7, whereby the petitioner's request for reconsideration of admission case to B.Sc Part II (Medical) in Sri Guru Gobind Singh College, Sector 26, Chandigarh, for the session 1987-88 was declined. Bhupinder Jeet petitioner passed the intermediate medical examination from Bihar Pradesh Shiksha Parishad Shripalpur Patna (Bihar) held in April 1987, in IInd Division.
2. In July 1987 he sought admission in B.Sc Part II (Medical) in Sri Guru Gobind Singh College in Sector 26, Chandigarh.
3. He paid all the dues as demanded by the College authorities. The said College is affiliated to the Panjab University, Chandigarh. The petitioner submitted his examination form through the College to the University for appearing in the annual examination of B.Sc Part-13 to be held in April 1988. He had also submitted the migration certificate issued by the Bihar Pradesh Shiksha Parishad as demanded by the College/University authorities. He also paid the examination fee as demanded by the University for allowing him to appear in the annual examination. The result of the said examination B.Sc Part II was declared by the University in July 1988, but the petitioner was surprised to find that against his result, the University had mentioned that his candidature has been suspended. On enquiries having been made the petitioner was informed that the intermediate examination passed by him from the said Shiksha Parisahd has not been recognised as equivalent to any of the examination by the Panjab University and hence he was not entitled to be admitted in B.Sc Part II in the college affiliated with the Panjab University and, therefore, his candidature was cancelled and the result has not so far been declared by the University. The petitioner then made representation to the Vice-Chancellor, Panjab University on 25th August, 1988, and brought to his notice that the examinations conducted by the Bihar Shiksha Parishad have been recognised by the State of Bihar, Delhi University, Rajasthan University, Punjabi University Patiala and Guru Nanak Dev University Amritsar. Since there was no fault on the part of the petitioner and the fault, if any, lies with the College/University, the result of the petitioner should be declared and he should be allowed to join the next higher class. The copy of the representation is Annexure P-4. When no action was taken on the said representation, his father made a representation to the Vice-Chancellor through the Governor for declaration of result and also prayed that since the case is covered under the category of hardship, the Syndicate should relax the condition. Copy of the said representation is Annexure P-6. In reply to the said letter, the Registrar of the University wrote vide letter No. 12572 dated 27th December, 1988, that the request cannot be acceded to as the intermediate examination passed by the petitioner has not been recognised as equivalent to any examination of the Panjab University. Consequently, he filed the present writ petition dated 4th January, 1989.
4. In the return filed on behalf of the University, the stand taken therein is that the petitioner remitted the admission fee and was issued roll number provisionally. Since the petitioner passed his intermediate examination from Bihar Shiksha Parishad, which was not recognised by the Panjab University and therefore, he was not eligible for admission in B.Sc Part II. It was also submitted that about 17 more students who have passed the Intermediate Examination from the said Shiksha Parishad also sought admissions through various colleges, but none of them was allowed to sit in the examination as the intermediate examination of the Bihar Shiksha Parishad has not been recognised by this University to be equivalent to B.A Part I. The petitioner did not at any stage seek any clarification from the answering respondents whether the intermediate examination of Bihar Shiksha Parishad is recognised by the Panjab University or not. Therefore, in view of Regulation 2.2 of Volume II of Panjab University Calendar, 1984, the petitioner was not eligible to join the second part of B.Sc Course. It was also pointed out that in the Eligibility-cum-Registration Return of student who have migrated from other Universities, copy Annexure R1/1, sent by the Principal of the College to the University in the column from where the petitioner passed his intermediate examination it was written “Bihar S.E Board”. According to the learned counsel for the University, it was misleading as it was given to understand that the petitioner passed the intermediate examination from the Board and not from the Parishad. According to the learned counsel, the Board is a recognised Institution whereas Parishad is not. Moreover, no migration certificate was sent along with the said Return by the Principal. Thus, argued the learned counsel, that his admission was rightly cancelled by the University later on in view of the specific Regulation 5.2 of the Panjab University Calendar which reads as under:—
“If. a candidate, subsequent to issuance of roll number orsubsequent to appearance in an examination, is found to be ineligible to take the examination, his candidature shall be cancelled by the Registrar.”
5. In the return filed on behalf of the Principal, Guru Gobind Singh College, he admitted in para No. 5 thereof that the petitioner submitted the examination form through the College to the University for appearing in the annual examination of B.Sc Part II to be held in April, 1988. He had also submitted the migration certificate issued by the Bihar Shiksha Parishad as demanded by the College/University authorities.
6. After hearing the learned counsel for the parties and going through the pleadings I find that there was no fault on the part of the petitioner for which he should suffer. While seeking admission he did not conceal any thing from the College authorities and disclosed that he passed his intermediate examination from the Bihar Shiksha Parishad. The necessary information was duly given by the College authorities to the University vide Annexure R1/1. It appears therefrom that in the column from where the students passed the intermediate examination it was written “Behar S.E Board” but for this, the petitioner could not be held liable. The mischief if any, was on the part of the Principal of the College. Not only that, the University even issued the roll number when the petitioner submitted his migration certificate and allowed him to appear in the examination. It was after the examination was over and the result was to be declared when his admission was cancelled by the University on the ground that he was not eligible for admission in B.Sc Part II. Though in view of Regulation 5.2 of the Panjab University Calendar, the Registrar may be competent to cancel the candidature of a candidate subsequent to appearance in an examination but that will be if there is some fault attributable to the conduct of the candidate. If nothing could be attributable to the conduct of the candidate and the fault, if any, lies with the College authorities or with the negligence of the University staff, the petitioner could not be penalised for the same, In view of the Supreme Court judgment reported in Shri Krishan v. Kurukshetra University, AIR 1976 SC 376, wherein it was held that once the candidate is allowed to take the examination, rightly or wrongly, then the statute which empowers the University to withdraw the candidature of the applicant has worked itself out and the candidate cannot be refused admission subsequently for any infirmity which should have been looked into before giving the candidate permission to appear. Reference may also be made to Harinder Kaur v. Punjab School Education Board, AIR 1988, P. & H. 244 as well as Gorakh Nath Singh v. Dr. Hari Singh Gour University, AIR 1988 M.P 66. The judgment relied upon by the learned counsel for the University in Civil Writ Petition No. 858 of 1988 decided on 21st April, 1988, is distinguishable and has no applicability to the facts of the present case.
7. It will not be out of place to mention here that if the petitioner had been told at the very outset that he was not available for admission in Guru Gobind Singh College, Chandigarh, he could seek his admission in Punjabi University Patiala or elsewhere where that degree was recognised, but now after having completed the course of B.Sc Part II and after appearing in the examination, he should not be told now that he was not eligible for admission. As observed earlier it is a dear case of negligence on the part of the Principal/Staff of the College for not furnishing the correct information to the University.
8. Consequently, this petition succeeds; the impugned order dated 27th December, 1988, Annexure P-7, is quashed and the respondents are directed to declare the result of the petitioner of B.Sc Part II (Medical) held in Session 1987-88 under Roll No. 25793 immediately within a fortnight so as to enable him to seek admission in B.Sc Part III.
9. Petition allowed.