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1993 (1) TMI 302

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..... rsity, Patiala. He was allotted the Registration No. 2271-OC (P) 87. He passed B. A. Part II Examination in 1988. Thereafter, he joined as a regular student at Guru Gobind Sindh College, Chandigarh for B. A. Part III Examination in 1989. Soon after taking the examination, he went back to Iran and learnt that his B. A. Degree shall not he recognised as he had not studied for three years after passing the 10 + 2 Examination. It is averred that he joined the Punjabi University again and filled in his admission form. The petitioner avers that along with the admission form, he enclosed the Marks Sheet of B. A. Part II Examination and also mentioned his old registration number. This form was accepted on July 26, 1989 and Receipt No. 74048 was iss .....

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..... tion form, the petitioner had concealed the facts inasmuch as he did not mention in the application form filled-in by him at the time of seeking admission to B. A. Part I that he had already passed B. A. Part II and Part III or that he had also passed M. A. Part I Examination from the Punjabi University. The petitioner knowingly withheld the information pertaining to his having already passed the examinations mentioned herein above at the time of seeking admission to B. A. Part I. In accordance with the Rules applicable in that behalf, no candidate can appear in two major examinations of the same faculty or different faculties in the same Calendar year . On this premises, the petitioner's claim for the grant of necessary relief in this .....

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..... its of the controversy, it is evident that the petitioner had joined the Punjabi University, Patiala for B. A. Part II Course in June, 1987. He had admittedly passed this examination in the year 1988. Thereafter, he had appeared in B. A. Part III Examination of the Punjab University, Chandigarh in the year 1989. The application form for joining the B. A. Part I Session in 1989-90 was submitted by the petitioner to the respondent-University on July 26, 1989, The fact that the petitioner had passed B. A. Part II Examination, was mentioned in the application form. This is evident from the original form which has been produced by Mr. Ashok Aggarwal, learned Counsel appearing for the respondent-University. Further, there is an endorsement on thi .....

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..... the objection should have been raised by the respondent-University at that time. It took no action. In fact, it accepted the application. It accepted the fee. It allotted a Roll Number to the petitioner. He was even allowed to appear in the Examination. The University declared his result. It placed the petitioner In compartment in the subject of English, Thereafter, the petitioner applied for admission to take the compartment examination. He was permitted to do so without anybody raising the slightest objection. After he had taken the examination, even his result was declared on provisional basis. This result was conveyed to him vide letter dated April 13, 1991. After the communication of the result, the University is withholding the issue .....

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..... is any regulation debarring a candidate from appearing in any examination of another versity. ( 10. ) There is another aspect of the matter. So far as the Punjabi University is concerned, it had already admitted the petitioner to B. A. Part II Course in the year 1987. He has declared to have passed B. A. Part III Examination in the year 1989. It had conferred the degree of B. A on him. Once that had happened, the petitioner was appearing in B. A. Part I Examination only in order to comply with certain requirements which were in force in his native country. In such a situation, there was no justification for the University to withhold the petitioner's result or to refuse to issue the certificates. ( 11. ) Accordingly , this writ pe .....

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