I nt he HighCourt ofPunj abandHaryanaat v. GuruNanak Dev Universit yand anot her

st udentfrom first sem est er t o second sem est er b1However a st udentshall be prom ot edt o t hird sem est er only if he has passedat least 50I o oft he Orst t wo sem est ers but t here will be no condit ionfor prom ot inga st udentfrom t hird sem est er t o fourt h sem est er C 9However a st udent shaI l be t o flft h sem est er only if he has passedat least 50I o oft he first four sem est er d9There will be no condit ion for prom ot inga st udentfrom fiRh t o sixt h sem est er e9 However a st udent shall be t o sevent h sem est er onlyif he has passedall t he oft he first t wo sem est ers f The st udent shall be prom ot edt o eight h W 0 C I C0 I Z 2 I 08 r0 C 7 2 e G sem est er only if has passed all t he of t he 6rst t hree sem est ers Aer a periodof eight hsem est erst he st udent shall be givena periodof t wo consecut ive years m ore t o passfailingwhich he shall have t o st art t he course Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh afreshfrom t he first sem est er However such a JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 60 9 CWP No8583 of2009 8 st udentwill not be requiredt o qualifyt he ent rance 1 t est agaille01 The aforesaidOrdinances6canyon was furt her am endedby t he Syndicat ein it s m eet ingheld on 13122006 111 t he followingm anner Present Headingl Prot oosedHeading 1 Carry on Syst emfor various iii Carry OI l Syst emfor various sem est er exam inat ions 6exceptlaw sem est er exam lnat ions 6exceptLaw and TechnologyFacult ies and School of Social and School of Social Sciences L 2 Vide t he am endm ent t he cany on syst emfor various sem est er exam lnat ions was m ade applicablet o t he Facult ies as well exceptLaw and School of Social Sciences However t he am endm entwas appliedfrom Session 20072008 The her int roducedt he am endm ent lI l t he carry of B Tech M Tech MCA and MBA S yearscourse vide it s decision dat ed 1 82008 wherebyt he cany on syst em was in all t he depent s exceptLaw and Schoolof Social Sciences for which t here are separat eOrdinances t m C 0 C I C5 I Z 7 I 08 OO Z Q 46a Vide t he aforesaid decision t he cany syst em was m ade t o t he Com put erScience c and Elect ronic by way of t her clariflcat ion of t he am endm ent vide I t em No23 in t he m eet ingof t he on 05122006 The oft he decision dat ed Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh Ol082008 t he am endedOrdinancesGovem ingt he cany JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 61 1 CWP No8583 of2009 on syst emhas been appliedt o all t he courses referred t o hereinabove As a consequence of t he of carry on syst ema st udentCall be from first sem est er t o second sem est er wit hout any condit ion However such a st udentcan be t o t hird sem est er if he has passedat least 50 per cent of t he First t wo sem est ers For prom ot iont o 4 sem est er no condit ion 1S Againfor sem est era st udentm ust pass at least 50 per cent t o 5 t he first four sem est ers Again for from 5 t o 6 sem est er 1S wit houtany condit ion For t o 7 sem est er a 8lrt her em bargo creat ed t hat lS t he st udent m ust pass all of t he flrst t wo sem est ers Sim ilarlyfor t o 8 sem est ers a st udentm ust qualif all t he oft he flrst t hree t hereby a st udent will not be eligiblet o seek adm ission in 7 sem est erifhe has any reappearor flrst t wo sem est ers Sam e eligibilit ycondit ion will applyfor prom ot iont o 8 sem est er and if t he st udent has a 1 0 0 I C5 I Z C I a5 2 Clm C reappear or of flrst t hree sem est ers he is ineligiblet o seek adm issionin 8 sem est er The grievanceof t he is t hat t he am endm ent int roducedor t heclarificat ion issued vide order dat ed 01082008 1S illegaland lI l casesoft he t o Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh t heir cont ent ion reliance is placedon Wit h a view t he Ordinance JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 62 1w CWP No8583 of2009 10 t dat ed14112000 lnnexure Pm llwhich was in force at t he t im e of adm ission which onlyrequired40 per cent aggregat em arks of t he papers ln a sem est er of t he fact whet her a st udentfails ln one or m ore papers of t hat sem est ers I t is 8lrt her cont ended t hat carry on which was int roduced in t he Universit yCalendar 1999 6Vol I I D has t o t he and TechnologyFacult ies Law and School of Social Sciencesas is evident from Annexure I 3 Even t he am endm ent int roducedpursuantt o t he decision of t he Syndicat evide I t em No3 in t he held on 5122006 cany on syst emfor t he Facult ies has been from Session 20072008 I t is subm it t edt hat Slnce t he adm it t ed 111 t he year 2005 t his am endm entis againnot applicablet o t he havingbeen m ade operat ivefrom Session 200e2008 as pert he cont ained in t he am endm entOrdinances it self I t 1S furt hercont endedt hat vide order dat edOl082008 Pe49 herein t he am endm ent has been applied which has affect ed t he career t he Accordingt o t he leam ed counselfor t he t he known t hat t heywould be requiredt o clear all t he of flrst 213sem est ers t heywould have concent rat ed on 1 0 0 C9 I Z C I 06 00 Z Llm r t hose papers on Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh Nw t wo years t he JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 1 t 0 0 C5 Z n 4t I 06 r Z Lle 63 e CWP No8583 of2009 11 cannot be punishedfor not havingcleared t he papers t wo years I t 1S t he case t he t hat t he operat ionof t he rules is when it t akes any of t he rightof t he hit her t o available lll exist ingst at ut ellaw Accordingt o t he t he only for prom ot iont o t he seven and eight hsem est ers was t hat a candidat eshould secure 40 per cent m arks lI l aggregat ein a sem est er of t he fact whet hera candidat ehas failed 111 one or m ore oft he papers oft hat sem est er I n t he replyflled by t he respondent liversit yt he Universit yhas relied upon t he order dat ed 01 082008 whereby carry on syst emhas been appliedt o all t he underaduat e courses 111 t he Universit yexceptLaw and School of Social Sciences These t wo courses beinggovernedby separat eOrdinances I t 1S reit erat edt hat any having lI l t he flrst t wo sem est ers is ineligiblefor seekingadm ission t o 7 sem est er and a candidat ehavingreappear in flrst t hreesem est ers lS t o seek adm issionin 8 sem est er I t is st at edt hat as a m at t er offact order dat ed Ol082008 is not an am endm entt o t he but onlybyway of clarificat ion as previousOrdinances of 2000 were in t his regardand t hus necessit at eda clarificat ion I t is m ent ioned in t he replyflled by t he Universit y t hat som e Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh t he who had reappear JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 64 4r CWP No 8583 of2009 e12 exam inat ions on t wo sem est ers were adm issiont o 7 sem est ersubj ectt o clearanceoft he bacllogoft he flrst t wo sem est ers on t heir fllingof t he affidavit t hat in t he event of t he failure of t he candidat et o clear t he reappear of fust t wo t he adm ission t o 7 sem est er could be cancelled Sim ilar affldavit s were flled by t he securedadm ission ln 8 sem est er while in flrst t hree papers I t is subm it t edt hat all t he adm issionst o 7 and 8 sem est ers in respectt o t he candidat eswho had of first 213sem est ers were in nat ure and could be cancelled on t heirfailure t o clear t he backog When t hese pet it ionswere flled int erim orders were passedby t hisCourt in CWP No8583 of 2009 on 29052009 ent ly in 8 sem est er Sim ilar orderswere passedin ot her Writpet it ions t he t o seekadm issionin 7 and 8 sem est ers and also t o appear in t he exam inat ions om t im e t o t im e m C 0 C0 I C I Z m C r I 08 QO e Vm 3 Z Qm C MrD Pat walialeam ed counsel for t he has however arguedt hat neit her t he Ordinances carryingon syst emare in nat ure nor t he order dat ed Ol082008 can be const rued t o have His rt her cont ent ionis t hat t he Universit yis ent it led t o Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh t he rules even duringt he cont inuance oft he Course by a JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 1 0 C I C Z t I 08 rlO r 2 Z Qm 65 1 CWPN085830f2009 13 st udentas t he Universit ydoes not hold a prom iset o a st udent not t o changet he durat ion or t he m anner or m et hod of from one sem est ers t o anot her exceptchangingt he syllabusor a courseof st udyfor which a st udentm ay be ent it ledt o not ice The have placedreliance upon a Single oft his Court report edPawan Kum ar Sharm a Vs The St at e of Puniab and ot hers 1991 Recent Services 407 I n t his case t he affiliat ingUniversit y bye4aws t he condit ion of passingt he exam lnat lOnS ln a part icularchance Tbe st udent s who are t he course at t he t im e of int roduct ionof t he assailed t he act ion of leam ed SingleBench oft his Court held t he Universit y as followsl t he issue a I t has been laid down in t he above referred t wo aut horit ies t hat t he which are applicableat t he t im e a st udentt akes adm ission in t he consolidat ed course would keepon applying of any am endm ent t ill t he st udent So adm it t ed com plet est he course I n view of t his t he were not j ust ifledin applyingt he which were on 16 August 1986 t o t he st udent swho had got adm ission in t he BAMS course in t he flrst year priort o t hat dat e 55 Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 66 1 CWP No8583 of2009 14 Reliance is also placedon anot her Division Bench j udgm entof t his Court in t he caseof Munish Kum ar Talwar Vs The Vice Chancellor Baba Farid Universil of Healt h Sciences and ot hers 2007 29SlR 330 I n t his case also t he rules for BAMS course am ended The am ended rules prohibit ed adm issiont o final exam lnat lOn if t here is reappearlI l t he second exam lnat lOI le The pet it ionert herein had reappear ln second t houghhe was grant edadm ission t o t hird sem est er but not t o appear in t he exam inat ions This Court t he quest ionheld as under 7 The short quest iont hat requiresdet erm inat ion t his case is whet her t he is t o be by t he am ended or ulvam ended Ordinance The appellanthad been pem it t edt o in t he 3 Professional exam inat ionheld lt l AprilMay2005 I ft he originaldurat ion oft he 3 Professionalhad not been am ended t he hadcleared t he reappearsof t he 2 Professional and on t hat account t here was before him t o appear in t he final exam inat ion wbich was t hen t o be held in Novem ber Decem ber 2005 As per t he appellanthe 1S sufferingon account of t he wrong applicat ionof m t r 0 CA3 I C5 I Z m 0 e4 I c6 ClO r V7 2 t l Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh t heam endedOrdinance in his case JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 67 1 CWP No8583 of2009 15 i C 0 CA3 I C I C Z r 1 08 0 C Z Ll c 9 Since t he appellantis requiredt o be t reat edas belongingt o bat ch of year 2000 as already not iced t he provisionofpara11 would also com e t o his rescue When t he t he course he was ent it led t o t ake posit iont hat he would be eligiblet o clear 1st and 2 Profesional by Novem ber4Oecem ber200 He reallycould not have any say in fixingt he durat ion of t he 3 by am endm entin t he Ordinance afler he had j oinedt he course To rem edysuch a sit uat ion onlyperhapst he provision ofpara11 ofOrdinance providedt hat candidat esadm it t ed priort o 2001 will appear in aft ert wo years of st udy I t Call be not iced t hat t he appellanthas st udiedwit h t he bat ch in 1 and 2 Professional exam inat ions Thus a different durat ion of t he course if being appliedt o sim ilarlysit uat ed candidat es We do riot say t hat it am ount s t o discrim inat ion but parit y need t o be m aint ainedbet ween sim ilarlysit uat ed candidat esand t hat is what is soughtt o be achievedbyOrdinance above We are t husoft he view t hat unam endedOrdinance would governt he case oft he appellantand t he provisions t he am ended Ordinance cannot be m ade Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh t o him 97 JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 68 1 CWP No8583 of2009 16e To t he cont rary Mr DS Pat walia leam ed counsel for t he has relied upon Puniab Universit v Vs SubashChander and anot her 3 Suprem eCourt Cases 603 I n t hiscase t he had securedadm issiont o MBBS course 111 t he year 1965 The exist ing required m lnim um of 50 per cent m arkst o pass in each subj ectI n addit ion t o t he above t here wasa rule for grantof grace m arks upt oone of t he t ot al aggregat em arks includingm arks for Pract icaland int ernalassessm entif a candidat efails in one or m ore I n t heyear 1970 an am endm entwas m adein t he rules and t he award of grace m arks was confined t o t ot al m arks excludingt he m arks for int em al assessm ent Where a candidat efails ln one or m ore he has in all where a separat e also exist s I n case of BAMSI BDS exam inat ion t he gracem arks of one percentwas conflnedt o each subj ectand not t o of all subj ect sThe pet it ionerwho was a st udentof lvBS was failing in one He claim ed grace m arks on t he ofunam endedrules but he was awardedgrace m arkson t he S I ol basis of t he am endedrules which did not prove beneflcialt o him 0 0 I C Z m C c6 f12 7 Z Q He t he sam ein t he andHaryanaHigh Court A r FullBench oft his Court allowedt he 1 Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh at t he e orv 2 4 1 1 1 2217777 JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 69 r CWP No8583 of2009 17 applyand t he am ended rules cannot be applied l t o t he det rim entoft he candidat es Honble t he Suprem eCourt while t he 1SSue held as underl a r 0 C3 I C5 I 2 08 0 J Z t l 44em 1 1 We do not agree wit h t he leam ed Judgesof t he Full Bench oft he HighCourt t hat t hereis any elem entof ret rospect lvlt y111 t he changebroughtabout by t he addit ion oft he except iont o Rule 2l oft he Calendar for t he year1970 accordingt ot he Shoner Oxford EnglishDict ionaryThird Edit ion in relat ion t o St at ut eset c m eans Operat ivewit h regardt o pastt im e The changebroughtabout by t he addit ion of t he except iont o Rule 2 l does not say t hat it shall be operat ivewit h effect from any earlier dat e I t iS obviously I t is not possiblet o hold t hat it is 111 operat ionm erely because t hough int roduced in 1970 it was appliedt o Subash Chander 1 who appearedfor t he final exam inat loll 111 1974 aft er he had j oinedt he course earlier in 1965 No prom isewas m ade or could be deem ed t o have been m ade t o him at t he t im e of his adm ission in 1965 t hat t here will be no alt erat ion of t he rule or regulat ionlll regardt o t he percent ageof m arks requiredfor passing anyexam inat ion or award of grace m arks and t hat t he rules relat ingt heret owhich were in force at t he t im e of Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh hefinishedhiswholecourse 59 his adm ission would cont inue t o be appliedt o him unt il JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 70 CWP No8583 of2009 18 12 Thereforewe are clearlyoft he opiniont hat t hereis of t he changein t he rule m ade in t he year 1970having operat ionm erelybecause it in 1974 t o SubashChanderwho had j oined t he MBBScourse in 1965when t he rule of grace m arks was different I n t hese circum st ances weaffirm t he view of DK Mahaj anand PC Jain JJ in t he Division Benchj udgm entin Sewa Ram V Kurukshet ra byt he and disapprovet he view t aken leam ed Judgesof t he Full Bench in t he decision in t his case and hold t hat t he Universit y rightin holdingt hat SubashChander l was not ent it ledt o 16 grace m arks under t he old rule was ent it led t o only4 grace m arksunder t he new rule and had t herefore not passedt he exam inat ion ln We allow t he appealbut wit hout any order as t o cost s Howevert his decision will not affect t he resultof t he exam inat ion of Subash Chander lI l if it had been declaredas per t he direct ion of t he learnedJudgesoft he Full Bench in t he Let t ers Pat ent m 0 0 I C5 Z Lr I 06 CO r Z Llm G Appeal The aforesaid followed by anot herBench t he Court lI l t he case Puniab Universit v Vs Deviani Chakrabart iand ot hers 3 Suprem e Court Cases 612wherein it has been held as follows Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 71 r CWP No8583 of2009 9 1 C 0 0 9 I Cr Z Q 4 I a5 ClO 4t 7 Z Clw I n t he presentcase also t he new decisionsare pnm a facie in operat ionand t heydid not becom e m erelybecauset hey appliedt o st udent swho had already st art ed t heir educat ional careers We t herefore allow t hese appealsbut wit hout anyorder as t o cost s and set aside t he t he High Court and dism iss t he writ pet it ionsHowever t his decision will not affect t he rightwhich m ight have been grant edt o t he pet it ionersin t he writ pet it ionson t he basis oft he j udgm ent soft he High Court which have been reversedin t hese appeals A sim ilar issue cam e t o be considered by a Division Bench of t his Court t he case of Rahul Gupt a Vs St at e of Harvana2000 649SCT 1099 wherein SubhashChanders case has been relied upon and it has beenheld as under 4 We have heard leam ed counsel for t he part ies and are of t he view t hat t here is no m erit in t he writ pet it ionsThe onlyargum entadvancedbyt he counsel for t he pet it ioneris t hat when his client j oinedt he diplom acourse in t he year 1997 t he m ade it clear t hat t he durat ion of t hat course was 3 yearsand t he could not Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh t he course in t he academ ic session 199798 had changet he durat ion t ill t he st udent s who j oined JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 72 CWP No8583 of2009 20 t he sam e He has placedreliance on Full Bench of t his Court in Am ardeep SinghSahot av St at eofPuniabet c 1993 I I SLR 6731 1993 441SCT 328 P80 07Bl and SwaranlitSinghand anot herv St at eofPuniab and ot hers 1998 21 SLR 14 1997 41 SCT 511 0 8 H1 FB9 We are unable t o agree wit h t he cont ent ionof t he pet it ionerFrom t he st and t aken by t he it 1S clear t hat t he com pet ent aut horit ydecided in t he year 1995 t o revise t he curriculum of Elect ronics and Com m unicat ion Diplom aCourse t o 3112 years consist ingof 7 sem est ers The 7 sem est er includes t he ireplant t he m arks awarded t o a candidat ein t his t raininghave t o be includedin t he diplom a awarded t o I t is 81rt her clear t hat t he Direct or Technical Educat ion Haryana by his com m unicat iondat ed 180995 inform ed all t he Principalsof t he I nst it ut esin t he St at e of Haryana which im partsuch educat ion t hat t he durat ion of t hecourse had been increased t o 3112 years and t hatt he revised curriculum was t o be wit h effect from t he academ ic session 199586 What happenedwas t hat when t he prospect usWas 1 C 0 0 I C9 I Z t r I 05 a Z Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh issuedfor t he academ ic session 199798 t here was an inadvert enterror t herein and t he durat ion JOYTI RANI 2016.03.28 10:50 1 I attest to the accuracy and integrity of this document I1 W444 73 CWP No8583 of2009 21 of t he course was shown t o be of 3 years When t his error not iced t he Direct or Technical Educat ion Haryanasent anot her com m unicat ion t o all t he Principalsof t he I nst it ut es educat ion in Elect ronics and Com m unicat ion Diplom aCourse t hat t herevised curriculum wast o wit h effect from t he academ ic session 199596 This is not a case where t he durat ionof The t he course was changedm icst ream durat ion of t he course had alreadybeen increasedt o 3e112years in t he year 1995 and t he is onlyt ryingt o t ake of t he errort hat creptin t he oft he prospect us for t he academ ic session 199788 We are hlrt her of t he view t hat even aft er t he com m encem ent of t hecourse which was earlier 3 years it was open t o t he com pet entaut horit yt o changet he durat ion by t he Rules as has been observedbyt heir t he Suprem eCourt in Panj ab v Subash Chander and anot her AlR 1984S 1415 When a course st ret chingover a periodof 3 years com m encesand t he st udent s j oint hat course t he aut horit ies m ake no prom ise t hatt here would be no alt erat ion of t he durat ion and t hatt he Rules in regardt heret owhich were m 0 0 0 C I Z Q 08 C12 7 Z Clm 4 Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh forceat t he t im e of adm ission would cont inue t o JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 74 ve9 CWPNo8583 of2009 22 be appliedunt il t he whole course is flnished I n t he case before us as alreadyobserved t here was only an error t he publicat ionof t he prospect us on t he basis ofwhich t he presentpet it ionhas been filed We are sat isfied t hat t he durat ion of t he course had been ext ended t o 112 years over 7 sem est ers before t he pet it ionerj oinedt he I n t his view of t he m at t er t he pet it ionerwho has cleared t he 6 sem est er exam inat ion did not becom e eligiblefor adm ission t o t he course He is yet t o t he inplantt rainingin t he 7 Sem est er t he m arks obt ained by him in t hat t raining would be t aken int o account before t he diplom a1S awardedt o him 15 Anot her Division Bench of t his Court t he case of AkashdeepBhargoand ot hersVs Baba Farid Universit yof Healt h Sciences and ot hers 2007 629SCT 139 has observed as follows 10 The fact as not iced above clearlyshow t hat ait hought hepet it ionershad been adm it t edin BAMS course in t he College No3 111 t he year 2000 and at t hat pointof t im e t he said collegewas afflliat ed wit h Guru Nanak Dev 1 C 0 C I C I Z 7 C I 08 Oo 2 Z Ll e Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh Universit ybut lat er on on const it ut ion of Baba Farid Universit yof Healt h Sciences t he said JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 75 6Pee4 1 CWPNo8583 of2009 23 f m L 0 0 I C I Z m t r I 45 W2 Z Llm 4e collegecam e t o be affiliat ed wit h Baba Farid Universit yin March 2001 For a periodof som e t im e t he old of Guru Nanak Dev Universit ywere m ade t o t he st udent swho were alreadyadm it t ed but lat er Oll Baba Farid Universit yof Healt h Sciences fram ed it s The decision t aken on 13 2001 has alreadybeen ext ract ed above The said decisions shows t hat onlyt he st udent sadm it t edpriort o 2000 were t o be govem edby old The pet it ionershave cont inued wit h t heir st udiesunder t he new of Baba Farid Universit y They have appearedin t heir BAMS exam inat ion held in t he m ont h of MaylJune 2006 I n t hese circum st ances t he and ordinances of Baba Farid Universit yoperat iveat t he t im e of conduct ingof t he exam inat ion are t o govern t he case of t he pet it ioners Concededly t he ordinances of Baba Farid Universit ydo not cont ain any provisionof grace m arks as claim ed byt he pet it ionersThe pet it ionerscannot claim t o have acquiredany vest ed right s m erelyon account of t he fact t hat at t he t im e of adm ission Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh t hey were governedby Guru Nanak Dev JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 76 1 CWPNo85830f2009 24e Universit y We do not flnd t hat t he grievancem ade by t he pet it ionerst hat a operat ionhas been givent o t he ordinance of Baba Farid Universit yis j ust ied As a m at t er of fact t he case lll hand is squarely covered byt he j udgm entoft he Suprem eCourt 111 SubashChanders 95 I n view of t he dict um of t he aforesaidj udgm entof t he Honble Suprem eCourt Hawaldar Singhs in t he cases of Subash Chanders and t wo Division Benches t his Court 111 Rahul Gupt aand Bhargoscases t he int roduct ion of t he carry on syst emcannot be said t o 111 operat lOllSO long lt was appliedt o t he exam inat ions held aft er cany OI l syst em SO appliecl The are not at all ent it led t o invoke eit her t he doct rine of est oppelor t he I t has been cont endedon behalf of t he t hat t wo nam elySim ranj itKaur and Am it Bhardwj who 1 l 0 C I C I Z m I 08 ClO Z Qm had also flled writ pet it ionshave been t o appear in t he sem est ers exam inat lons alt er t he writ pet it ionswere wit hdrawn Vide order dat ed 01 0220 10 passedby t his Court MrPat walia asked t o flle an afSdavit 111 t his regard Affldavit has been flled Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh 756 Nl 5 4 2f I j V 11 JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 397E5 397E5 1 1r2n L I e 1 77 r CWP No8583 of2009 I n t he aforesaid afdavit e25w of t he about declarat ion of result of t hree candidat esnam ed above who wit hdrew t he writ pet it ionsand t o t he next sem est er have been adm it t ed I t 1S st at ed ln t he affldavit filed by t he t he Guru Nanak Dev Universit yt hat t he m auer relat ingt o carry on syst emwas considered by t he Com m it t ee const it ut edbyt he ViceChancellor on 31072008 The Com m it t ee not iced t hat since t he posit ionwit h regardt o t he uniform t he carry on syst em was not clear but cert ain ineligiblepersons have been adm it t edunder cany on syst em I t is lrt her not iced t hat receivedfrom t he st udent s from varlOUS oft he cany on syst em I n respectt o ineligiblecandidat eswho were grant edadm issions under t he carry on syst em it was left t o t he t o concem ed aut horit iest o givet hem a specialchance I t is furt her m ent ioned t haton receiptof such requestfrom t he candidat es t heir cases adm ission will be considered lI l specialt erm s A copy of t he decision of t he Com m it t ee 1S also enclosed alongwit h t he affldavit I t is m ent ionedin t he affldavit t hat in vlew of t he aforesaid decision t he candidat eswho wit hdrew t heir writ pet lt lOllSwere glven chance t o clear t he flrst and second m Q 0 0 I C5 I Z a 4t I c ri1 m 7 Z t l papers along wit h 7 and 8 sem est ers Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 78 CWP No8583 of2009 26e t hey were grant edadm issions t o 7t h and 8t h sem est erSe Even aft er t hese writ pet it ionswere reserved for j udgm entsom e have been flled on behalf of som e of t he writ t o wit hdrew from t he writ pet it ionobviously t o t akebenefit of t he Universit ysown decision I t is also pert inent t o not e t hat t he decision of t he Universit ygrat ingrelaxat ion was not circulat ed ln all t he and has been appliedin a select ive way The had no knowledgeof such a decision and t hus t heycould not even applyseekingt he benefltof t he decision I t is a m at t er of concern for t his Court t o not e t hat sim ilarlysit uat edwrit pet it ionshave been grant edrelief and t he presentwnt who have wit hdrawn t heir writ pet lt loners have been deniedt he beneflt wit hout any lawflll and valid reasons Even t hought he carryon syst em under challenge111 t he presentwrit pet it ionsdeservesno int erferenceln vlew oft he law laid down by t he Apex Court lll Puniab Universit y Vs SubhashChander and anot her and Puniab Universit vChandigarh Vs Devj aniChakrabart iand ot hers it can be said t hat t he decision t o int roduce on syst em m id course 1S ret rospect lve1I 1 However t he fact rem ains t hat t he m C 0 0 C I Z W 4 I c6 Qo 7 2 OL Universit ylll it s wisdom chose t o grant special chance t o Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh ineligiblecandidat es for clearing fust and second sem est er JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 79 1144 CWP No8583 of2009 27 0 1 exam inat ions and were also grant edadm ission t o 7 and 8 sem est ers wit hout clearingt he backlogpapers This decision has been appliedselect ivelyand not uniform allyThis act ion of t he Universit yis in law and lSan arbit raryeXerClSe of power deservesno The Universit yas an I nst it ut ion has t o act ln an nonrbit rarym anner providingequal t o all The Act ion oft he Universit ydo not suggestso Som eof t he sim ilarlysit uat ed candidat eshave been grant edt he benefit of specialchance and adm issionst o t he highersem est ers despit et heir under t he carry on syst emwhereas ot hershave been deniedsim ilar relief I n view of t he above circum st ances t he cannot be t reat ed and wit h host ilit yTheyshall also be ent it led t o t he specialchance grant edt o ot her sim ilarlysit uat ed st udent sfor clearingt he papers of flrst and second sem est ers on uniform pat t em Their rightt o adm ission t o 718 sem est ers cannot be denied t o t hem These 1 r 0 0 I C9 I Z a t r Z Cls i allowed in t he followingm annerl i1 Such of t he who have not availed specialchance flrst and second sem est ers rppear will be provided specialchancefor t he purpose ii9 adm issions grant edt o t he undert he int erim ordersoft his Court shall st and Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh t o 718 sem est ers JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 4 CWP No8583 of2009 28 iio result of t he I I l 718t h sem est ersexam inat ionsshall be declared iv9 t hose who have been denied adm issionsin 718 sem est ers Oll account of nonclearance secondlt hird sem est ers exam inat ionsshall be grant edadm issiont o 718 sem est ers as t he casem ay be and on oft he course t heir result shall be declared v t his relaxat ion shall be available t o all st udent swho have reached718 sem est ers upt oacadem icsession 20092010 or t ill such t im e t he decision oft he Universit yt aken vide let t erNo1737 DAA dat edOl082008 shall rem aln 111operat ionI t is however opent o t he Universit yt o uniform allyapplyt he carry on syst emt o t he disciplinescovered by carry on syst em by properly not ifyingt o t he st udent s 082010 BLS 1 6 Oo 6PERMODK0HLI 9 JUDGE Whet hert o be referredt o t he L YES m 0 C C5 I Z m Lr 4 I 02j ClO r m e 2 Q 04P i 1 lCP55 1 G 15Yv 1 91 Um a 2014.03.27 11: 25 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document