SHRI KRISHAN versus THE KURUKSHETRA UNIVERSITY, KURUKSHETRA

SHRI KRISHAN versus THE KURUKSHETRA UNIVERSITY, KURUKSHETRA

The University statute only allows withdrawal of candidature before examination; once appellant appeared in the exam, the University could not cancel his candidature for any infirmity which should have been scrutinised before giving examination permission. No statutory provision justified cancellation for lack of employer permission, and no fraud was proved as the University and department failed in their duty to scrutinise admission forms.

Parties
Appellant: Shri Krishan; Respondent: The Kurukshetra University, Kurukshetra
Jurisdiction
India
Judgment Date
17 November 1975
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Punjab and Haryana High Court, Dismissal in Limine
Outcome
Appeal allowed
Legal Topics
University Statutes, Examination Eligibility, Withdrawal of Candidature, Ignorance of Legal Rights
Education Law Administrative Law University Statutes Examination Eligibility Withdrawal of Candidature Ignorance of Legal Rights

Case Brief

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Parties

Shri Krishan

Appellant

The Kurukshetra University, Kurukshetra

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Punjab and Haryana High Court, Dismissal in Limine

Legal Issues

  1. 1 Whether the University could withdraw candidature after candidate appeared for examination
  2. 2 Whether the absence of prior employer permission justified cancellation of candidature
  3. 3 Whether statements made in ignorance of legal rights or under duress bind the maker

Ratio Decidendi

The University statute only allows withdrawal of candidature before examination; once appellant appeared in the exam, the University could not cancel his candidature for any infirmity which should have been scrutinised before giving examination permission. No statutory provision justified cancellation for lack of employer permission, and no fraud was proved as the University and department failed in their duty to scrutinise admission forms.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the University dated June 26, 1973, quashed by writ of certiorari.
  • Respondent directed to declare result of LL.B. Part II Examination held on May 19, 1973.