IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
LPA No. 1764 of 2014. [O&M]
Date of Decision:18th November, 2014.
Thaman Sethi Petitioner through
Mr. Ferry Sofat, Advocate
Panjab University, Chandigarh & Anr. Respondents through
Mr. Amar Vivek, Advocate..
CORAM:HON’BLE MR. JUSTICE SURYA KANT HON’BLE MR. JUSTICE RAJ MOHAN SINGH
- Whether Reporters of local papers may be allowed to see the judgment?
- To be referred to the Reporters or not?
- Whether the judgment should be reported in the Digest?
SURYA KANT, J. [ORAL]
The controversy pertains to migration of the appellant to 3rd Semester of B.Com. LL.B. Five Year Integrated Course in the University Institute of Legal Studies, Panjab University, Chandigarh.
Though the appellant’s claim for migration was rejected by learned Single Judge due to non-availability of seat, it was urged on behalf of the appellant that there are 12 seats lying vacant as per the information available on the website of the University. The information gathered by the appellant was found correct to the extent that learned counsel for the University informed us on 14th November, 2014 that there were seats available against migration quota of B.Com. LL.B, which the authorities were actively considering to fill up and that the claim of the appellant would also be sympathetically considered.
Mr. Amar Vivek, Advocate, however, informs us that yesterday the claim of the appellant and another candidate has been rejected only on the ground that they never applied for migration to B.Com.LL.B. as they are pursuing B.A.LL.B. degree course.
Such a reasoning given by the University was disapproved by this Court in LPA No. 535 of 2014 [Aditya Singh
Chadha Vs. Panjab University] decided on 16th July, 2014 [P-5]. The said order was further clarified by the Division Bench on 21st July, 2014 [P-8].
In view of the above cited orders passed by this Court, the objection raised by the Board of Control in its meeting held on 17th November, 2014 can not sustain and is thus set-aside.
Consequently, we dispose of this appeal with a direction to the University Institute of Legal Studies, Panjab University, Chandigarh to re-consider the appellant’s claim for migration to 3rd Semester of B.Com. LL.B. Five Year Integrated Course within three days from today.
Disposed of. Dasti.
( SURYA KANT ) JUDGE
November 18, 2014. ( RAJ MOHAN SINGH )