In this post we will discuss about a petition that has been filed in the Punjab and Haryana High Court challenging a circular dated August 11, and the online admission schedule that was uploaded on University website which has cancelled the entrance examination for the course.
Petition to Challenge cancellation of Law Entrance Exam by Panjab University
In this Corona virus Pandemic, one of the sectors that have been affected very badly is Education. First due to complete lockdown the schools, institutions and Universities across the country have been shut and further the growing number of cases in the country and unclear decision about the mode of entrances and sessions have left students, universities and parents in a state of confusion.
The issue in this matter relates to online admission circular released by the Panjab University for the five year integrated law course.
WHAT’S THE MATTER?
A petition has been filed in the Punjab and Haryana High Court challenging a circular dated August 11, and the online admission schedule that was uploaded on University website which has cancelled the entrance examination for the course. The petitioner argued that PU has taken away right to fair competition through entrance examination. The University’s decision was challenged as discriminatory as it was already conducting an entrance examination for the entry to its three- year law programme.
The petitioner argued that not holding written entrance examination during the corona virus pandemic is an illegal and arbitrary excuse. The petition said that while schools across India are conducting national level entrance test commonly known as CLAT for the admissions at 203 locations on 7th of September.
The petitioner further sought the University to conduct the written examination in terms of prospectus/advertisement published at the first instance and by adopting standard operating procedure issued by the University Grants Commission (UGC).
Article 226 gives the citizen Right to file a petition in the High Court when any of their fundamental, legal or statutory right is violated. Since, the right to fair competition is a fundamental right under the Article 14, so the petitioner has the right to file a petition in the High Court.
The Punjab and Haryana Court held that-
“Given the fact that there is generally little scope of inclusion of law based subjects in the syllabus for the 10+2 classes, it is not possible to make a comparative assessment of suitability of candidates for the admission to the 5-year law course solely on the basis of marks obtained in the 10+2 exam. It would not be safe or reliable to either give equal weightage to the performance of students in the Science, Arts and Commerce streams in the 10+2 level or give preference to one over the other in adjudging the suitability for the 5-year law course.”
Directing the Panjab University to reconsider its decision to cancel the entrance examinations by the September 15, the petition was called off.
This post was written by Rashmi Kumari
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