HC no to stay Single Bench ruling on students' migration to UILS

Saurabh Malik

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Chandigarh, March 7

Less than a fortnight after Panjab University was rapped for “lackadaisical attitude” and directed to complete the process of students’ migration to its University Institute of Legal Studies (UILS), a Division Bench of the Punjab and Haryana High Court today refused to stay the order’s operation.

Taking up an appeal by the varsity against Jaskaran Singh Matharu and another respondent-student, the Division Bench of Justice Augustine George Masih and Justice Sandeep Moudgil also directed the production of the original record on April 5 —the next date of hearing. The Bench also issued a notice of motion on the appeal.

In his order dated February 25, Justice Sudhir Mittal had also admonished the varsity for acting in a “patently unfair” manner by withdrawing at the last moment the entire process for students’ migration to the UILS. Quashing impugned notice dated February 1, whereby all earlier notices regarding migration to the UILS during session 2021-2022 were withdrawn, Justice Mittal had also directed the varsity to complete the migration process within two weeks.

Justice Mittal, during the course of hearing, was told that the varsity published a notice dated August 24, 2021, inviting applications for migration to third, fifth and seventh semesters of BA/BCom LLB (Hons) five-year integrated course for session 2021-2022 being conducted at the UILS, Chandigarh. Several notices followed. But a day prior to the counseling notice dated December 16, 2021, was posted, postponing the migration till the receipt of further orders from the competent authorities. This was followed by the impugned notice, whereby all earlier notices regarding migration were withdrawn, resulting in the filing of the petitions.

In the written statement filed on the varsity’s behalf, it was submitted that UILS students had submitted a representation to the Controller of Examinations complaining of marks inflation by a respondent-law college. The students unable to take admission to the UILS on the basis of a common admission test were now amongst the list of toppers, it was added.

Justice Mittal added deliberations of the committee set up by the university for examining the complaint of marks inflation received from the students resolved on January 6 that migration in the academic Session 2021-2022 would be done after moderation and that the examination centre at the law college would be cancelled. The recommendations were approved by the Vice-Chancellor. Yet, the impugned notice was issued.

“Coming from an institution dedicated to teaching and learning the action cannot be condoned. The decision is patently arbitrary and deserves to be quashed….The lackadaisical attitude of the University fuelled the expectations of the applicants and withdrawal of the entire process at the last moment was patently unfair,” Justice Mittal asserted.

April 5 next date of hearing

Division Bench of Justice Augustine George Masih and Justice Sandeep Moudgil also directed the production of the original record on April 5 —the next date of hearing. The Bench also issued a notice of motion on the appeal.