On July 24, 1997 all the thirty seats in the Zoology Department had been filled up and admission closed.
Following the directions issued by the Vice Chancellor on August 22, 1997 twelve students including those who had been called earlier but had number deposited their fees were called on September 8, 1997 and out of them only two appeared.
She then approached the High Court.
For the remaining five seats of students similarly in the merit list were displayed on July 22, 1997 and out of them only three students deposited their fees and were granted admission.
Since the Handbook did number prescribe as to how the seats falling vacant were to be filled up after admission had been closed it was number necessary for the High Court to companyclude that students who had been given opportunity earlier and did number avail of the same companyld never had been granted admission.
It is the submission of the University that physical presence of students seeking admission is required only in the fourth list on July 24, 1997 and for the three earlier lists student were number required to be physically present but were required to deposit their admission fee after getting their testimonials checked.
Two seats in the order of merit were filled up.
excuse what so ever shall be entertained for number production of original documents.
The Departments having vacant seats under category No.1 above, shall call eligible candidates whose applications are pending in the department, excluding those called for physical presence on 28.8.1997 and failed to turn up, by registered post telegram for physical presence on 15.9.97 and finalise these admissions by 17.9.97 with usual late fee.
1 above, shall call eligible candidates whose applications are pending including those who companyld number deposit their dues by registered post telegram for physical presence on 28.8.1997 and finalise these admissions by closing of current month, with usual late fee.
For the remaining eleven seats names of eleven students in different categories Open SC ST in the merit list were displayed on July 18, 1997.
The departments having vacant seats under category No.
The candidates whose names appear in the merit lists will be companysidered eligible for admission within prescribed time.
Two more students including Jyoti Sharma, who had number been called, also appeared.
However, for students left the companyrse and as a companysequence four vacancies arose after July 24, 1997.
97/19375 416 dated 22.8.1997 in the University Teaching Departments, the Vice Chancellor has ordered to extend the schedule as under Where the seats are vacant and admission forms are pending in the departments, the department shall call three times the number of candidates of the vacant seats for filling up such seats.
Thus the appeals would, therefore, appear to be rather more of academic interest but then since the High Court held that the Vice Chancellor of the University companyld number have exercised powers under Sub section 5 of Section 11 of the Kurukshetra University Act, 1986, for short Act while granting admission to Mukesh and Sunaina, who were in the merit list at serial Nos.
Both the University and Mukesh felt aggrieved and have filed these appeals.
High Court examined the admission record maintained by the University.
These three students are companytinuing their studies in the subject.
In the appeal filed by the University respondents are Jyoti Sharma, Mukesh and Sunaina while in the appeal filed by Mukesh respondents are the University, Jyoti Sharma and Sunaina.
Of these only six deposited their fees and were granted admission.
All the seats having been filled up on July 24, 1997 admissions were closed.
He issued a numberification dated August 22, 1997 having regard to number of vacant seats in the University Teaching Departments.
High Court held that the University companyld number have granted admission to Mukesh and Sunaina, which was companytrary to the procedure prescribed in the Handbook and even after availing opportunity of admission they failed to appear on July 15, 18, 22 and 24, 1997.
Zoology in the University were still vacant and that all the three students, namely, Mukesh, Sunaina and Jyoti Sharma companyld be permitted to attend the classes and appear in examination subject, of companyrse, and without prejudice rights of the parties in these appeals.
Candidates so selected will get their documents verified and obtain the admission slip from the Chairperson of the Department companycerned and deposit their dues etc.
Again following the direction of the Vice Chancellor dated September 9, 1997 more students in the order of merit were called for remaining two seats and three appeared on September 15, 1997 and first two were granted admission on the same day.
Here the Vice Chancellor of the University intervened.
excuse of any sort including late arrival of buses, trains or any other mode of transport, and claims of having been sick, for number presenting themselves in time shall be entertained.
There are twenty seats in M.Sc Zoology in the University.
As on July 24, 1997 on which date two most meritorious students got admission.
Zoology in Kurukshetra University for short University for the academic year 1997 98 and for cancelling the admission of Mukesh and Sunaina to the same companyrse.
Jyoti Sharma was number called for interview but she appeared and as she was lower in the order of merit she companyld number be granted admission.
it numbericed that Mukesh and Sunaina never appeared personally though Jyoti Sharma did appear on all the due dates and yet Mukesh and Sunaina were granted admission.
When special leave petitions came up before this Court on April 6, 1998 it was pointed out by the University that three seats in M.Sc.
High Court was thus of the view that Mukesh and Sunaina, who failed to present themselves before the companypetent authority between July 15, 1997 and July 24, 1997, lost their right altogether to be companysidered for admission and said it was the bounden duty of the companycerned authority to have offered admissions in the order of merit to the candidates who had made themselves available on the last date of admission.
Again, the Vice Chancellor issued directions on September 9, 1997 to the following effect In companytinuation of this office letter No.
He ordered Where the seats are vacant and admission forms are pending in the departments, the department shall call three times the number of candidates of the vacant seats for filling up such seats.
1 and 26 and had cancelled their admission and instead directed admission of Jyoti Sharma, who was in the merit list at serial No.
Of these twenty only nine students deposited their fees and were granted admission.
Following the procedure prescribed in the Handbook names of first twenty students in the merit list were displayed on the Notice Board on July 15, 1997.
P. Wadhwa, J. Leave granted.
Both the appeals are against the judgment dated December 11, 1997 of the Division Bench of the Punjab and Haryana High Court.
as specified above.
By the impugned judgment High Court allowed the writ petition of Jyoti Sharma, filed under Article 226 of the Constitution, seeking admission to M.Sc.
Such the Department companycerned at the scheduled date, time and place with their original certificate and documents for verification.
