SHALINI versus KURUKSHETRA UNIVERSITY AND ANR.

SHALINI versus KURUKSHETRA UNIVERSITY AND ANR.

The relevant provision (Clause 18 under Section 11(5) of the Act) provides that a re-evaluation application is timely if made within 20 days of the declaration of the result or within 20 days of the despatch of the detailed marks card, whichever is later, accompanied by the original marks card. The appellant applied promptly within this period; therefore, the University's rejection and the denial of admission were unjustified.

Parties
Appellant: Shalini; Respondent: Kurukshetra University; Respondent: Govt. College, Panchkula
Jurisdiction
India
Judgment Date
18 January 2002
Procedural Posture
Civil Appeal / Supreme Court (appeal From Punjab and Haryana High Court Decision in Writ Petition)
Outcome
Appeal allowed.
Legal Topics
Re Evaluation of Examination Results, Period of Limitation in Educational Matters, University Statutory Interpretation
Education Law Administrative Law Re Evaluation of Examination Results Period of Limitation in Educational Matters University Statutory Interpretation

Case Brief

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Parties

Shalini

Appellant

Kurukshetra University

Respondent

Govt. College, Panchkula

Respondent

Procedural Posture

Civil Appeal / Supreme Court (appeal From Punjab and Haryana High Court Decision in Writ Petition)

Legal Issues

  1. 1 Whether the application for re-evaluation was submitted within the limitation period prescribed by Section 11(5) of the Kurukshetra University Act, 1986 and Ordinance IV, Clause 18.
  2. 2 Whether the appellant could be denied admission on the ground of delay when the delay was caused by the University.

Ratio Decidendi

The relevant provision (Clause 18 under Section 11(5) of the Act) provides that a re-evaluation application is timely if made within 20 days of the declaration of the result or within 20 days of the despatch of the detailed marks card, whichever is later, accompanied by the original marks card. The appellant applied promptly within this period; therefore, the University's rejection and the denial of admission were unjustified.

Court Disposition

Appeal allowed.

Orders

  • Appellant to be treated as a regular student of B.Sc. (H.Sc.) Part II; her result to be declared forthwith.
  • Appellant may apply to the Vice-Chancellor/Competent Authority for admission to B.Sc. (H.Sc.) Part III, and power to condone delay may be invoked if available.