I nt he HighCourt ofPunj aband Haryanaat 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 50 oft he first t wo sem est ers but t here will be no condit ionfor prom ot inga st udent from t hird sem est er t o fourt h sem est er C 9 However a st udent shall be prom ot edt o fift h sem est er only if he has passedat least 50 oft he first four sem est er d There 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 prom ot edt o sevent h sem est er only if he has passedall t he oft he flrst t wo sem est ers fJ The st udent shall be prom ot edt o eight h 1 0 0 C I C I Z 0 I 08 00 W3 Z t l G sem est er only if has passed all t he oft he first t hree sem est ers Aft er 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 Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh afresh from t he first sem est er However such a Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 79 911 1 CWP No8583 of2009 8 st udentwill not berequiredt o quali67t he ent rance t est agalll 53 The aforesaidOrdinances6canyon rt her am endedby t he in it s m eet ingheld on 13122006 lll t he followingm anner PresentHeading 1iii Cany Oll Syst emfor variousiio Carry on Syst emfor various 1sem est er exam inat ions exceptlaw sem est er exam inat ions Law and Engineeringand TechnologyFacult ies and School of Social of Social Sciences Facult ies and School ProposedHeading 7 L Sciences 1 J Vide t he am endm ent t he cany on syst emfor various sem est er exam lnat lons was m ade applicablet o t he and TechnologyFacult ies as well exceptLaw and School of Social Sciences However t he am endm entwas appliedfrom Session 20072008 The Universit yfurt her int roducedt he am endm ent 111 t he carry on syst emof B Tech M Tech MCA and MBA 5 years course vide it s decision dat ed 1 82008 wherebyt he carry on syst em was appliedin all t he exceptLaw and School of Social Sciencesfor which t hereare separat eOrdinances m Cl 0 C0 C5 I Z m 1 I 06 Z Ll Vide t he aforesaid decision t he cany syst em was m ade applicablet o t he Com put erScience 0 and Elect ronic Technologyby way of rt her clarificat ion of t he am endm ent int roduced vide I t em No3 ln t he m eet ingof t he Syndicat eheld on 05122006 The oft he decision dat ed Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh 01082008 wherebyt he am ended Ordinances Govem ingt he carry Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 80 1 7 CWP No8583 of2009 9 has been appliedt o all t he courses referred t o hereinabove As a consequenceof t he of cany on a st udent Call be from Orst sem est er t o second sem est er wit houtany 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 er no condit ion is nest ers For Againfor sem est era st udentm ust pass at least 50 per cent t o 4 t o 5 t he flrst four sem est ers Again for from 5 t o 6 sem est er 1Swit houtany condit ion For t o 7 sem est er a lrt her em bargo1S creat ed t hat t he st udent m ust pass all oft he fust t wo sem est ers Sim ilarlyfor t o 8 sem est ers a st udentm ust quali67all t he oft he flrst t hree t hereby a st udent will not be eligiblet o seek adm ission in 7 sem est er ifhe has any reappearor backlogof 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 I 08 W2 Z CL e reappear or backlogof fust 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 he clariflcat ion issued vide order dat ed01082008 1S illegaland m cases of t he t o Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh t heir cont ent ion reliance is placedon Wit h a vlew t he Ordinance Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 81 CHTP No 8583 of2009 10 dat ed 141 12000 P which was in force at t he t im e of adm ission which onlyrequired40 per cent aggregat em arksof all t he papers in a sem est er of t he fact whet her a st udentfails in one or m ore papersof t hat sem est ers I t is furt her cont ended t hat carry on syst emwhich was int roduced in t he Universit yCalendar 1999 701 I I I 9 has no t o t he and TechnologyFacult ies Law and School of Social Sciences as 1S evident from Annexure P3 Even t he am endm ent int roduced pursuantt o t he decision of t he vide I t em No23 in t he m eet ingheld on 5122006 cany on syst emfor t he disciplinesof and TechnologyFacult ies has been appliedfrom Session 20072008 I t is subm it t edt hat sm ce t he adm it t ed in t he year 2005 t his am endm entis againnot applicablet o t he havingbeen speciflcallym ade operat ivefrom Session 20072008 as per t he cont ained in t he am endm ent Ordinances it self I t 1S lrt her cont endedt hat vide order dat ed01082008 P4J herein t he am endm enthas been applied which has adverselyaffect ed t he career t he Accordingt o t he leam ed counsel for t he t he known t hat t heywould be requiredt o clear all t he e Q 0 0 I C0 I C Z 08 m 2 Z CL e2 of flrst 213 sem est ers t heywould have concent rat ed on t hose papers on priorit y Now afler t wo years t he Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 Lr 0 C3 I C5 I Z m Q I c6 OO 7 Z t l 82 1 CWP No8583 of2009 11 cannot be punishedfor not havingcleared t he paperst wo years I t 1S t he case of t he t hat t he of t he rules is when it t akes away any of t he rightof t he hit her t o available lI l exist ingst at ut ellaw t 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 in aggregat eln a sem est er of t he fact whet her a candidat ehas failed ln one or m ore oft he papersoft hat sem est er I n t he reply filed by t he t he Universit yhas relied upon t he order dat ed 01082008 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 beinggovem edby separat eOrdinances I t 1S reit erat ed t hat any having t he first t wo sem est ers is ineligiblefor seekingadm ission t o 7 sem est er and a candidat ehavingreappear in first t hree sem est ers 1S ineligiblet o seek adm ission in 8 sem est er I t is st at edt hat as a m at t er of fact order dat edOl082008 is not an am endm entt o t he but onlyby way 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 Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh t he who had m reappear Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 83 No8583 of2009 12 exam inat ionson t wo sem est ers were adm issiont o 7 sem est er subj ectt o clearanceoft he backog oft he first t wo sem est ers on t heir fllingof t he afdavit t hat in t he event of t he failure of t he candidat et o clear t he reappear of fust t wo sem est erst 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 111flrst t hree sem est erspapers I t is subm it t edt hat a11t he adm issionst o 7 and 8 sem est ers in respectt o t he candidat eswho had baclog of flrst 213sem est ers were in nat ure and could be cancelledon t heir failure t o clear t he When t hese pet it ionswere filed int erim orders were passedby t his Court in CWP No8583 of 2009 on 2905 2 009 ent ryin 8 sem est er Sim ilar orderswere passedin ot her writ pet it ions t he t o seekadm issionin 7 and 8 sem est ers and also t o appear lll t he exam inat ionsfrom t im e t o t im e 1 r 0 C0 I t 5 I Z 2 0 08 em m Z Lna C MrD Pat walia leam ed counsel for t he has however arguedt hat neit her t he Ordinances canyingon syst emare in nat ure nor t he order dat ed 01082008 can be const rued t o have operat ionHis furt her cont ent ion is t hat t he Universit yis ent it led t o changet he rules even duringt he cont lnuance oft he Course bya Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 84 1 1 4V CWP No8583 of2009 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 herexcept t he syllabusor a courseofst 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 afflliat ingUniversit y t he condit ion of passingt he exam lnat lOI lS ln a part icularchance The st udent s who are t he course at t he t im e of int roduct ionof t he bye4aws assailed t he act ion of leam edSingleBench oft his Court held t he Universit y as followsl t he issue a I t has been laid down aut horit iest hat t he t he above referred t wo which are at t he t im e a st udentt akes adm ission in t he consolidat edcourse would keepon applying of any am endm ent t ill t he st udent SO adm it t ed t he course I n view of t his t he were not j ust ifledin applyingt he byeawswhich were on 16 August 1986 t o t he st udent swho had got adm issionin t he BA114 course in t he Srst year prior t o t hat 1 C 0 C I C5 I Z n Q I 08 CQ e 7 Z 4d dat e 95 Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 85 Pr 1 CWP No8583 of2009 14 Reliance is also placedon anot her Division Bench j udgm entof t his Court in t he case of Munish Kum ar Talwar Vs The Vice Chancellor Baba Farid Universit v of Healt h Sciences and ot hers 2007 29S1R 330 I n t his case also t he rules for BAMS course were am ended The am ended rules adm issiont o flnal exam inat ionif t here lS reappearin t he second exam lnat lOI 1 The pet it ionert herein had rem appearlI l second t houghhe was grant edadm ission t o t hird sem est er but not t o appearin t he exam lnat lOllSe This Court t he quest ionheld as underl 7 lI l The shortquest iont hat requiresdet erm inat ion t his case is whet her t he is t o be govem ed by t he am ended or uram ended Ordinance The had been pem it t edt o appearin t he 3 Professional exam inat ionheld in AprilMay2005 I ft he originaldurat ion oft he 3 Professional had not been am ended t he appellant had cleared 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 t hen t o be held in Novem bere Decem ber 2005 As per t he appellanthe 1S Sufferingon account of t he wrong applicat ionof 1 C 0 0 I 0 I Z e O rs6 1 m e Z CL Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh t he am endedOrdinance in his case Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 86 91 CWP No8583 of2009 e15 9 Since t he appellantis requiredt o be t reat edas belongingt o bat ch of year 2000 as already not iced t heprovisionofpara11 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 lst and 2 Professional by Novem ber4ecem ber 2005 He reallycould not have any say in flxingt he durat ion of t he 3 by am endm ent ln t he Ordinanceaft er he hadj oinedt he course To rem edysuch a sit uat ion onlyperhapst heprovision of para 11 of Ordinance specificallyprovidedt hat candidat esadm it t ed priort o 2001 will appear lI l aft er t wo yearsof st udy I t can be not iced t hat t he has st udied wit 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 not say t hat it am ount s t o discrim inat ionbut parit y need t o be m aint ained bet ween sim ilarlysit uat ed candidat es and t hat is what is soughtt o be achieved byOrdinance above Weare t hus oft he view t hat unam endedOrdinance would govern t he case oft he appellantand t he provisions C 0 C I C5 I Z e C2 C I 08 00 r 7 Z CL C t he am ended Ordinance cannot be m ade Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh applicablet o him 75 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 87 No85830f2009 16 To t hecont rary Mr DS Pat walia leam ed counsel for t he has relied upon PuniabUniversit y Vs SubashChander and anot her 198493 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 lnlm um of 50 per cent m arkst o pass in each subj ectI n addit ion t o t he above t here was a separat erule 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 ln one or m ore I n t heyear 1970 an am endm entwas m ade in t he rules and t he award of grace m arks was conned 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 subj ect swhere a separat e of passing also exist s I n case of BAMSI BDS exam inat ion t he m arks of one percentwas conSned t o each subj ectand not 1 t o aggregat eof all subj ect sThe pet it ionerwho was a st udentof MBBS was failingin one paperHe claim ed grace m arks on t he 1 0 C I C5 I Z C I 08 r10 m m Z t l 4ee basisofuneam endedrules but he was awardedgrace m arks on t he 1 1 I lrir basisof t he am endedrules whichfdidllot prove beneficialt o him t He t he sam ein t hePuniabandHaryanaHigh Court A Full Bench oft his Court allowedt he 11 t bat 4 rulesprevalentat t he t im e oft be adm i3r Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh r r Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 88 1 CWP No8583 of2009 17 applyand t he am endedrules cannot be applied t o t hedet rim entoft he candidat es Honble t he Suprem eCourt while t he 1SSue held as underl 11 We do not agree wit h t he leam edJudgesoft he Full Bench oft he HighCourt t hat t here is any elem entof ret rospect ivit y111 t he changebroughtabout by t he addit ionof t he except iont o Rule 21 oft he Calendar for t he year 1970 accordingt o t he Short er Oxford English Third Edit ion in relat iont 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 lloes not say t hat it shall be operat ivewit h effect from any earlier dat e obviously I t is not possiblet o hold t hatit is I t 1S ret rospect ive111 operat ionm erelybecause t hough int roducedin 1970 it was appliedt o SubashChander l who appearedfor t he t lnal exam inat ionin 1974 aft erhe hadj oinedt he course earlierin 1965 No prom ise was 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 ionof t he rule or regulat ion111 regardt o t he percent ageof m arks requiredfor passing any exam inat ion or award of grace m arks and t hat t he ruI es relat ingt heret owhich were 111force at t he t im e of 1 0 C I C5 I Z 0 I 08 ClO 1 Z n 1eeeae Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh heflnishedhiswholecourse 32 his adm ission would cont inue t o be appliedt o him unt il Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 89 0 1 CWPNo8583 of2009 18 12 1970 we are clearlyoft he opiniont hat t hereis of t he changein t he rule m ade in t he year m erelybecause it was applied1111974t o SubashChanderwho hadj oined t he AfBS course in 1965when t he rule of grace m arkswas different I n t hese circum st ances t heview of DK Mahaj anand PC Jain JJ in t he DivisionBench in SewaRam v Kurukshet ra byt he and disapprovet he view t aken learnedJudgesof 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 butwas ent it led t o only4 grace m arksunder t he new rule and had t herefore not passedt he exam inat ion in We allow t he appealbut wit hout any order as t o cost s Howevert his decision will not affect t he result of t he exam inat ion of Subash Chander lI l if it had been declaredas per t he direct ionof t he learnedJudgesoft he Full Bench in t he Let t ers Pat ent Appea199 m Q 0 0 I C t Z W 1 08 CO W2 Z Q C The aforesaid followed by anot herBench t he Suprem eCourt 111 t he case Puniab Universit v Vs DevianiChakrabart iand ot hers 3 CourtCases 612 wherein it has been held as followsl Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 90 2 1 CWP No8583 of2009 19 I n t he presentcase also t he new decisions are pnm a facie and t heydid not becom e m erelybecause t hey appliedt o st udent swho had already st art edt heir educat ional careers We t herefore allow t hese appealsbut wit hout any order as t o cost s and set aside t he t he High Court and dism isst 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 Wrlt pet it ionson t he basis oft he High Court whichhave beenreversedin t hese appeals A sim ilar lssue cam e t o be considered by a Division Bench of t his Court lI l t he case of Rahul Gupt a Vs St at e of Harvana2000 649SCT 6suprahas beenrelied 1099 wherein SubhashChanders case upon and it hasbeenheld as under 1 0 0 C5 I Z 08 ClO W2 Z 0 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 111 t he year 1997 t he m ade it clear t hat t he durat ion of t hat course was 3 years and t he could not Parkash Om 2014.04.05 12: 25 True Scanned 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 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Q 0 0 I C5 I Z c6 3 Z C1 91 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 41SLR 673 1993 41 SCT 328 Pc Hl FBI and SwaraniitSinh and anot r v St at eofPuniaband ot hers 1998 21 SLR 14 1997 41 SCT 511 Hl FB9 We are unable t o agree wit h t he cont ent lOn of t he From t he st andt aken by t he it 1S clear t hat t he com pet ent decided in t he year 1995t 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 includest he inplant t rainingand t he m arksawardedt o a candidat ein t his t raininghave t o be included in t he diplom a awarded t o I t is hlrt her clear t hat t he Direct or Technical Educat ion Haryanaby his com m unicat ion dat ed 1801995 inform ed all t he Principalsof t he I nst it ut esin t he St at eof Haryana which im partsuch educat ion t hat t he durat ion of t he course had been increased t o e112years and t hat t he revised curriculum was t o be wit h effect from t he academ ic session 199596 What happenedwas t hat when t he prospect uswas issued for t he academ ic session 199798 t here Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh was an inadvert ent error I ll t herein and t he durat ion c Sahil Soni 2016.03.21 12:25 1 I attest to the accuracy and integrity of this document 1 92 CWP No8583 of2009 14 21 0j of t he course was shown t o be of 3 yearsVhen t his error was not iced t he Direct or Technical Educat ion Haryanasent anot hercom m unicat ion t o all t he Principalsof t he I nst it ut es im part ing educat ion 111 Elect ronics and Com m unicat ion Course t hat t herevisedcurriculumwast o wit h effect from t he academ ic session 199596 This 1S not a case where t he durat ionof t he course The was changedm it ream durat ion of t he course had alreadybeen increasedt o 112years 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 icsession199798 We are lrt her of t he view t hat even aft er t he com m encem ent of t he course which was earlier3 years it was open t o t he com pet entaut horit yt o changet he durat ionby t he Rules as has been observedbyt heir Lordshipsof t he Suprem eCourt in Panj ab v Subash Chanderand anot her AlR 1984 S 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 hat t here would be no alt erat ion of t he durat ion 1 0 0 I C5 I Z n Q 4 08 CO 4 3 Z Clm 0 Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh force at andt hat t he Rules in regardt heret owhich were t he t im e of adm ission would cont inue t o Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 93 4 J CWP No85830f2009 22 be appliedunt il t he whole course 1S finished I n t he case before us as alreadyobserved t here was onlyan error 111t he publicat ionof t he prospect us on t he basis ofwhich t he presentpet it ionhas been filed We are sat isfiedt hat t he durat ion of t he course had been ext ended t o 3 112 years 7 sem est ers evenoefore t he pet it ionerj oinedt he sam e I n t his view of t he rnat t er t he pet it ionerwho has cleared t he 6t h sem est er exam lnat ion did not becom eeligiblefor adm issiont o t he course Heisyet t o t he inplantt raininglll t he 7 Sem est er and t he m arks obt ainedby him 111 t hat t raining would be t aken int o account beforet he diplom a1S awardedt o him I l Anot her Division Bench of t his Court in t he case of AkashdeepBhargoand ot hersVs Baba Farid Universit vof Healt h Sciences and ot hers 2007 29 SCT 139 has observed as 1 0 C0 C5 I r Z I 08 CO n7 Z followsl Ce Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh 10 The fact s as not iced above clearlyshow t hat t he pet it ionershad been adm it t edin BAMS course in t he College Noin t he year 2000 and at t hat pointof t im e t he said collegewas affiliat ed wit h Guru Nanak Dev lat er on on const it ut ion of Baba Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document Farid Universit yof Healt h Sciences t he said 1 94 1 1 41 1 CWP No8583 of2009 23 Ct 0 C I C I Z m I 08 r10 2 Z r1 96 collegecam e t o be afflliat ed wit h Baba Farid in 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 on Baba Farid of Healt h Sciencesfram 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 Theyhave appearedin t heir final BAMS exam inat ion held t he m ont h of MaylJune2006 I n t hese circum st ances t he and ordinances Baba Fa Universit yoperat iveat t he t im e of t he exam inat ion are t o govem t he case of t he pet it ioners Concededly t he regulat ionsl 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 Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh t hey were account of t he fact t hat at t he t im e of adm ission govem ed by Guru Nanak Dev Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 95 CWP No8583 of2009 24 Universit y We do not find t hat t he m ade by t he t hat a has been givent o t he ordinanceof Baba Farid Universit yis j ust ified As a m at t er of fact t he case 1n hand is covered byt he Subash Chanders case oft he Court in 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 SubashChanders and t wo Division Benches lpra9 t his Court in Rahul Gupt aand Bhargoscases supra t he int roduct ionof t he carryon syst emcannot be said t o lI l operat ionSO longlt was appliedt o t he exam inat ions held aft er cany on syst emSO applied 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 m t Z 0 C I C5 I Z C I 08 QO m Z r t Wo nam elySim ranj itKaur and Am it Bhardwajwho had also filed writ pet it ionshave been t o appear in t he sem est ers exam inat ions aft er t he writ pet it ionswere wit hdrawn Vide order dat ed 01022010 passedby t his Court p1e 1 I vI rPat walia asked t o affldavit t his reg i Affldavit has been flled Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 96 CWP No8583 of2009 25 I n t he aforesaid affldavit of t he aboutdeclarat ion of result of t hree candidat esnam ed above who wit hdrew t he writ t o t he next sem est er have been adm it t ed I t 1S st at ed 111 t he affidavit filed by t he Regist rarof t he Guru Nanak Dev Universit yt hat t he m at t er relat ingt o cany on syst emwas considered by t he Com m it t ee const it ut edbyt he ViceChancellor on 3 1072008 The Com m iuee 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 ineligiblepersonshave been adm it t edundercanyon syst em I t is furt her not iced t hat received from t he st udent s from VarlOUS oft he carryon 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 concerned aut horit iest o givet hem a specialchance I t is lrt her m ent ioned t haton receiptof such requestfrom t he candidat es t heir cases adm ission will be considered lll specialt em 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 ioned111t he affidavit t hat ln view of t he aforesaid decision t he candidat eswho wit hdrew t heir Wrlt pet it ionswere glven specialchance t o clear t he first and second 1 0 0 C5 I Z m Lr 08 ri0 Z Ll sem est erspapers along wit h 7 and 8 sem est ers Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 97 d CWPNo85830f2009 26 t hey were adm issions t o 7 and 8t h sem est ers Even afler t hese writ pet it ionswere reserved for j udgm entsom e havebeen flled on behalf of som eof t he writ t o wit hdrew from t he writ pet it ionobviously t o t akebenefit oft he Universit ysown decision I t is also t o not e t hat t he decision of t he Universit ygrat ingrelaxat ion was not circulat ed 111 all t he and has been appliedln a select ive wYe The had no of such a decision and t hus t heycould not even applyseekingt he beneflt of t he decision I t is a m at t er of concem for t his Court t o not e t hat sim ilarlysit uat edvm t who have wit hdrawn t heir wrlt pet it ionshave been grant edrelief and t he presentwrlt havebeen deniedt he benefit wit hout any lawh11and valid reasons Even t hought he cany on syst emunder challenge111 t he presentwrit pet it ionsdeservesno int erferencelI l vlew oft he law laid down by t he Apex Court n Puniab Universit y Vs SubhashChander and anot herand PuniabUniversit yChandigarh Vs Deviani Chakrabart iand ot hers6supranor it can be said t hat t he decision t o int roduce on syst em m id course 1S lll operat ion However t he fact rem ains t hat t he 1 L 0 C0 I 0 I Z 06 Z 1 Universit yln lt s wisdom chose t o grant special chance t o Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh ineligiblecandidat es for clearingfirst and second sem est er Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 98 CWP No8583 of2009 27 exam inat ionsand were adm ission t o 7 and 8t h sem est erswit houtclearingt he backlogpapers This decision has been appliedselect ivelyand not uniform allyThis act ion of t he Universit yis in law and lS an arbit raryexerciseof power deservesno The Universit yas an I nst it ut ion has t o act ln an m anner providingequal t o all The Act ion oft he Universit ydo not suggestSo Som e of t he sim ilarlysit uat ed candidat eshave been grant edt he beneflt of specialchanceand adm issionst o t he highersem est ers despit et heir ineligibilit yunder t he cany 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 eddifferent lyand 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 ern Their rightt o adm ission t o 718 sem est ers cannot be denied t o t hem These allowed in t he followingm annerl i9 Such of t he who have not availed specialchance for clearingfirst and second sem est ers reappear will be provided specialchance for t he purpose e 0 C C I Z V2 06 CJO Z Ll 5 adm issions grant edt o t he t o 718 undert he int erim orders oft his Court shall st and Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh sem est ers Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 0 CWPN08583 of2009 28 iii9 result of t he who have lll 7t h sem est ersexam inat ions shall be declared Oll t hose who have been denied adm issionsin 718 sem est ers account nonm clearance of secondlt hird sem est ers exam inat ionsshall be grant edadm issiont o sem est ers as t he case m ay be and on oft he course t heir result shall be declared v1 t his relaxat ion shall be available t o aI l st udent swho have reached718 sem est ersupt o academ icsession 20092010 or t ill such t im e t he decision of t he Universit yt akenvide let t erNo1737e DAA dat edOl 082008 shall rem ain 111operat ionI t is however opent o t he Universit yt o applyt he carryon syst emt o t he disciplinescovered by carry on syst em by properly not ifyingt o t he st udent s 0804010 BLS 1 e 6PERMODKOHLI JUDGE Whet hert o be referredt o t he l YES t t 0 C I C I Z n L I 08 OO Vam Z Q 1 Cl 0EP55 5 r C 1 I l Parkash Om 2014.04.05 12: 25 True Scanned Copy Of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document