CWP/4411/2019 of ROONAM GAUTAM Vs HP UNIVERSITY AND OTHERS on 31 December 2019

HON’BLE HIGH COURT OF HIMACHAL PRADESH ATSHIMLA

CWP No.4411 of 2019

Decided on: 31.12.2019

Roonam Gautam

....…......Petitioner

Versus

Himachal Pradesh University and others.....Respondents _____________________________________________________________

__

Coram:Hon’ble Mr. Justice L. Narayana Swamy, Chief Justice. Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?[1] Yes.

For the petitioner :

Mr. Jeevesh Sharma, Advocate.

For the respondents :

Mr.NeelKamalSharma,Advocate, for the respondents/University.

_____________________________________________________________

Jyotsna Rewal Dua, Judge (Oral).

This writ petition has been preferred mainly with the following prayers:- “a)To direct the respondents university tore-draw/review the select list for admission toLL.M. course, strictly as per the eligibilitycriteria fixed for admission to LL.M course asprescribed in the first ordinances of theHimachal Pradesh University and as per theeligibility criteria as applicable in National Lawuniversities for admission to PG Programmere-draw/review the select list for admission toLL.M. course, strictly as per the eligibilitycriteria fixed for admission to LL.M course asprescribed in the first ordinances of theHimachal Pradesh University and as per theeligibility criteria as applicable in National Lawuniversities for admission to PG Programme 1Whether reporters of Local Papers may be allowed to see the judgment? Yes.

for LL.M course and also as per the entrancetest conducted by the respondent universityfor admission to LL.M. course.

b)To direct the respondents university torecommendthecandidature/nameofpetitioner for admission to LL.M. course for theacademic session of 2019-2020 in therespondent university.”

2. Mr. Jeevesh Sharma, learned counsel for the petitioner, submits that the petitioner passed her LL.B.examination from H.P. University in June, 2019 andthereafter applied for admission to LL.M. Course for theSession 2019-20 under the Subsidized Category as well asNon-Subsidized category and also paid prescribed fee forboth the categories. The petitioner qualified the entrancetest for admission to LL.M. course and accordingly sheappeared in counselling held on 23.10.2019, when she wasdeclared ineligible by the respondents-University. Aggrievedagainst the said decision of the respondents-University, theinstant writ petition has been preferred.

3. Mr. Neel Kamal Sharma, learned counsel for therespondents-University, has place on record the writteninstructions imparted to him by the respondents-Universityto the effect that in accordance with the Hand Book ofInformation of the respondents-University for the Session 2019-20, the Note appended with Clause 7.2 was notfulfilled by the petitioner and owing to this reason thepetitioner was declared ineligible. The Clause 7.2 of HandBook of Information, alongwith Note, is reproduced asunder:- “7.2 Eligibility:

Admission will be open to the Law graduates ofHimachal Pradesh University, Shimla who haveobtained LL.B. (Professional) Degree as well asLaw graduates of other Universities in India whoseLaw Degree is recognized as equivalent to theLL.B. Degree of Himachal Pradesh University,Shimla on reciprocal basis. Provided he/she hasconsistent good academic record with first or highsecond class in LL.B. (Professional) Degree with atleast 55% Marks in aggregate (50% in case ofSC/ST/PwD candidates) or B Plus in the gradesystem marks or an equivalent degree or a foreignUniversity.

Note: The consistent good academic recordmeans average of 55% in any two examinationprior to LL.B. Degree (i.e. Matric, 10+2 andGraduation) or 50% marks in each of theexaminations separately.”

4. It is seen that the Note given in Clause 7.2 supra

is not in consonance with The First Ordinances of theHimachal Pradesh University, which has been appended tothis writ petition as Annexure P-3. Sub Clause 1.1 of theChapter-I of The First Ordinances of the Himachal PradeshUniversity, Master of Laws (LL.M), is extracted here-in-after:- “1.1 Master of Laws (LL.M.) Candidates possessingLL.B. (Professional degree with at least 55% marksor B plus in the grade system. Provided furtherthat in the case of SC/ST candidates the minimumpercentage shall be 50%.”

5. The perusal of Ordinance 1.1 Master of Laws(LL.M.), referred to above, reveals that the candidatespossessing LL.B. (Professional degree) with at least 55%marks or B plus in the grade system, are eligible foradmission to LL.M. Course. The aforesaid Note, which hasbeen appended with Clause 7.2 of the Hand Book ofInformation, is contrary to 'The First Ordinances of theHimachal Pradesh University', issued by the respondents-University. It is the Ordinance of the University which willprevail in the instant case and not the Note which has beenappended with Clause 7.2 of Hand Book of Information.

6. Taking into consideration the First Ordinance ofthe Himachal Pradesh University (Annexure P-3) and alsothe marks secured by the petitioner in LL.B. Degree as wellas in the entrance test, she is entitled for admission toLL.M. Course. Accordingly, we allow the present writ petitionand direct the respondents-University to give admission tothe petitioner in LL.M. Course, subject to her fulfilling othereligibility conditions.

With the aforesaid observations/directions, thepresent writ petition stands disposed of, so also pendingmiscellaneous application(s), if any.

Copy 'Dasti'.

(L. Narayana Swamy) Chief Justice

December 31, 2019

(Yashwant)

(Jyotsna Rewal Dua) Judge