CWP No583 v. GuruNanak Dev Universit yand anot her

st udentfrom first sem est er t o secondsem est er b However a st udentshall be t o t hird sem est er only if he has passedat least 50I o of t he first t wo sem est ers but t here will be no condit ion for prom ot inga st udentfrom t hird sem est er t o fourt h sem est er C 9However sem est er a st udent shall be t o Sft h only if he has passedat least 50I o oft he first four sem est er d1There will be no condit ion for prom ot inga st udentfrom fllt h t o sixt h sem est er e9 However a st udent shall be prom ot edt o sevent h sem est er onlyif he has passedall t he oft he first t wo sem est ers f9 The st udent shall be prom ot edt o eight h 4e sem est er only if has passed all t he of t 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 pass failingwhich he shall have t o st art t he course Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH afreshfrom t he first sem est er However such a JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 59 1 CWP No8583of2009 e8 st udentwill not be requiredt o t he ent rance t est agaln 59 The aforesaidOrdinances6canyon syst em Jwas 61rt her am endedby t he Syndicat ein it s m eet ingheld on 132006 111 t he followingm anner PresentHeadingl ProposedHeading iii9 Carry Oll Syst emfor various iii9 Cany on Syst emfor various except law sem est er exam inat lonS 6exceptLaw sem est er exam inat lons Facult ies and School of Social and Engineeringand and School of Social Sciences 1eeeeeeeeeee l l e 3 Vide t he am endm ent t he carry on syst emfor various sem est er exam inat 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 hlrt her int roducedt he am endm ent in t he carry syst emof B Tech M Tech MCA and MBA 5 years course vide it s decision dat ed 1 8008 wherebyt he cany on syst em was in a11t he exceptLaw and Schoolof Social Sciencesfor which t hereare separat eOrdinances 1 C 0 0 I C I Z m I Olj Z Clm 1 Vide t he aforesaid decision t he carry on syst em was m ade t o t he Com put erSciencec0 and Elect ronic by wayof lrt her clarificat ion of t he am endm ent vide I t em No3 in t he m eet ingof t he Syndicat eheld on 05122006 The oft he decision dat ed Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH 01082008 t he am endedOrdinancesGoverningt he cany JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 60 I l No85830f2009 m 9 l 1 i on syst emhas been appliedt o all t he courses referred t o here4nabove As a consequenceof t he of cany on a st udent can 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 t he First t wo sem est ers For sem est er no condit ion is 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 prom ot iont o 7 sem est er a lrt her em bargo creat ed t hat 1S 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 m 0 O I C5 I Z m l C Z ot j r C W 2 Dm 4 eligiblet o seek adm ission in 7 sem est er ifhe has any reappearor first 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 C reappear or of first 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 edOl 082008 1S illegaland ln cases of t he t o Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED 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 10:56 I attest to the accuracy and integrity of this document 61 CWP No8583 of2009 f 10 dat ed 14 12000 lll which was 111force at t he t im e of adm ission which onlyrequired40 per cent aggregat em arks of all t he papers ln 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 filrt her cont ended t hat cany on syst emwhich was int roduced 111 t he Universit yCalendar 1999 Vol I I I 9 has no t o t he and TechnologyFacult ies Law and School of Social Sciences as is evident from Annexure P3 Even t he am endm ent int roduced pursuantt o t he decision of t he vide I t em No3 in t he m eet ingheld on 52006 cany on syst emfor t he Facult ies has been appliedfrom Session 20072008 I t is subm iUedt hat Slnce t he adm it t ed in t he year 2005 t his C 0 C I C5 I Z t C I 615 m m 3 Z am endm entis againnot t o t he havingbeen 1 m ade operat ivefrom Session 20072008 as per t he cont ained in t he am endm entOrdinances it self I t 1S furt hercont endedt hat vide order dat edOl 082008 P4 herein t he am endm enthas been applied which has affect ed t he career t he Accordingt o t he leam edcounsel for t he t he known t hat t heywould be required lear all t he reappear of flrst 213 sem est ers t heyw0u1dhave concent rat ed on Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH t hose papers on priorit y Now afler t wo years t he JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document m 0 C C5 Z C t I C45 ClO C m 7 Z Qn 62 CWP No8583 of2009 1 11 cannot be punishedfor not havingcleared t he paperst 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 111 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 in aggregat em a sem est er of t he fact whet her a candidat ehas failed lI l one or m ore oft he papers oft hat sem est er I n t he replyflled by t he t he Universit yhas relied upon t he order dat ed Ol 082008 whereby carry on syst emhas been appliedt o all t he underraduat e courses lI l t he Universit yexceptLaw and School of Social Sciences These t wo courses beinggovem edby separat eOrdinances I t is reit erat edt hat any having 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 hree sem est ers 1S t o seek adm issionin 8 sem est er I t is st at edt hat asa m at t er offact order dat ed 01082008 is not an am endm ent t o t he but onlyby wayof clariflcat 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 replyfiled by t he Universit y t hat som e Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH t he who had reappear JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 63 CWP No8583 of2009 e 12 Le exam inat ions on t wo sem est ers were grant edprovisional adm issiont o 7 sem est er subj ectt o clearanceoft he baclologoft he first t wo sem est ers on t heir fllingof t he affldavit t hat in t he event of t he failure of t he candidat et o clear t he reappear of flrst t wo t he adm ission t o 7 sem est er could be cancelled Sim ilar affidavit s flled by t he securedadm ission lll 8 sem est er while lI l first t hree papers I t is subm it t edt hat a11t he adm issionst o 7 and 8 sem est ers in respectt o t hecandidat eswho had bacllog of flrst 213sem est ers were in nat ure and could be cancelled on t heir failure t o clear t he baclog When t hese pet it ionswere flled int erim orders were by t his Court in CWP No583 of 2009 on 29052009 ent ryin 8 sem est er Sim ilar orderswere passedin ot her writpet it ions t he t o seek adm issionin 7 and 8 sem est ers and also t o appear in t he exam inat ionsfrom t im e t o t im e 1 0 C C5 I Cr Z r Z 06 O1l 2 Cls c MrS Pat walia leam ed counsel t he has however arguedt hat neit her t he Ordinances int roducingcanyingon syst emare in nat ure nor t he order dat ed Ol082008 CaI l be const rued t o have His rt her cont ent ionis t hat t he Universit yis ent it led t o Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH t he rules even duringt he cont inuanceoft he Course by a JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 64 CWPNo85830f2009 1 se13 st udentas t he Universit ydoes not hold a prom iset o a st udentnot 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 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 639 Recent Services 407 I n t his case t he affiliat ingUniversit y t he condit ion of passingt he exam lnat lOnS 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 t he Universit y t he a learnedSingleBench oft his Court held as follows I t has been laid down in t he above referred t wo aut horit iest hat t he 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 udentSO adm it t ed com plet est he course I n view of t his t he were not j ust ifiedin applyingt he byeawswhich 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 prior t o t hat C 0 C I C5 I r Z m C e 08 ClO C 3 Z Qw dat e 93 Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 65 0 P CWPN08583 of2009 1 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 yof Healt h Sciences and ot hers 2007 629S 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 lnat lOI l if t here is reappear lI l t he second exam inat lOll The pet it ionert herein had in second t houghhe was grant edadm ission t o t hird sem est er but not t o appear in t he exam lnat lons This Court t he quest ionheld as underl 7 The short quest iont hat requiresdet enninat ion 111 t his case is whet her t he appellantis t o be governed by t he am ended or uneam ended Ordinance The appellanthad been t o in t he 3 Professionalexam inat ionheld AprilMay2005 I ft he originaldurat ion oft he 3 Professionalhad not been am ended t he appellant had clearedt 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 which was t hen t o be held ln Novem bere Decem ber 2005 As per t he he 1S sufferingon account of t he wrong applicat ionof m 0 0 I C I Z W t r I 06 Cll m wo Z t l Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH t heam endedOrdinance in his case JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 66 CWP No583 of2009 r 15 9 Since t he t o be t reat ed as 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 lst and 2 Professional by Novem ber40ecem ber 2005 He reallycould not have any say 111 flxingt he durat ion of t he 3 t he by am endm ent111 Ordinance aft er he had j oinedt he course To rem edysuch a sit uat iononlyperhapst he provision ofpara11 ofOrdinance candidat esadm it t edpriort o providedt hat 2001 will appear 111 aft er t wo yearsof st udy I t can be not icedt 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 ion but parit y need t o be m aint ained bet 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 govemt he case oft he appellantand t he provisions t he am ended Ordinance cannot be m ade 1 Lr 0 C I C0 I Z m 06 Qo Z r C Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH applicablet o him 33 JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 67 n 64 CWP Lt h of2009 P n 16 Mr DS Pat walia learned counsel m 0 C3 I C5 I Z I 06 Ct O r am ro 2 Q appeanng for t he has relied upon Puniab Universit v Vs Subash Chander and anot her 6198493 Suprem eCourt Cases 603 I n t his case t he pet it ionershad secured adm ission t o MBBS course t he year 1965 The exist ingregulat ionsrequired m lnlm um of 50 per cent m arks t o pass in each subj ectI n addit ion t o t he above t here wasa rule for grant of grace m arks upt oone percentof t he t ot al aggregat em arks includingm arksfor Pract ical and int em al assessm ent ifa candidat e fails in one or m ore I n t he year 1970 an am endm ent was m ade in t he t he award of grace m arks was conflned t o t ot al m arks excludingt he m arks for int ernal assessm ent Where a candidat e fails in one or m ore subj ect sprovidedhe 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 gracem arks of one percentwas connedt o each subj ectand not t o aggregat eof all subj ect sThe pet it ionerwho was a st udent of MBBS was failingln one paperHe claim ed grace m arkson t he basisof uream endedrules but he was awardedgrace m arkson t he basis of t he am endedrules which did not prove beneflcial t o him He t he sam eln t he Punj aband HaryanaHigh Court A Full Bench of t his Court allowed t he writ pet it ionholdingt hat t he rulesprevalentat t he t im e of t he adm issionof Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH t he st udent swould JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document easrzel a e 19 m et m nom m a4 68 CWP No8583 of2009 17 applyand t he am endedrules cannot be applied t o t he det rim entoft he candidat es Honble t he Suprem eCourt while t he 1SSueheld as under 1 1 We do not agree wit h t he leam edJudgesoft he Full Bench oft he HighCourt t hat t hereis any elem entof ret rospect ivit y111 t he changebroughtabout by t he addit ionof t he except iont o Rule 21 oft he Calendarfor t he year 1970 accordingt o t he Short er 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 obviously I t is not possiblet o hold t hat it is I t ln operat ionm erely because t hough int roduced in 1970 it was appliedt o Subash Chander l who appearedfor t he final exam inat lOn in 1974 aft er he had j oinedt he course earlier in 1965 No prom ise wasm 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 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 rules relat ingt heret o which were in force at t he t im e of 1 0 C C5 I Z a2 C I 08 ClO Z CL 1ee Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH he finished his whole course 99 his adm ission would cont inue t o be appliedt o him unt il JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 69 CWPNo85830f2009 4 18 12 Thereforewe are clearlyoft he opiniont hat t hereis of t he changein t he rule m ade in t he year 1970 having m erelybecause it t he in 1974 t o SubashChanderwho hadj oined course in 1965 when t he ru1eregardingaward of grace m arks was different I n t hese circum st ances affirmt he view of D1C Mahaianand P Jain JJe in t he Division Bench j udgm entin Sewa Ram v Kurukshet raUniversit yand disapprovet he view t aken t he learnedJudgesof t he Full Bench in t he decision under appealin t his case and hold t hat t he Universit y rightin holdingt hat SubashChander l was not ent it led t o 16 grace m arksunder butwas ent it ledt o only4 gracem arks under t he new rule t he old rule and had t herefore not passedt he exam inat ion 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 in 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 C I C5 I Z e C I a5 ClO s7 Z Ll Appeal The aforesaid followed by anot herBench t he Suprem eCourt in t he case PuniabUniversit y Vs Deviani Chakrbart i and ot hers 3 Suprem e Court Cases 612wherein it has been held as followsl Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 70 1 CWP No8583 of2009 19 I n t he presentcase also t he new decisions are pnm a facie in operat ionand t heydid not becom e m erelybecause t hey appliedt o st udent swho had already st art ed t heir educat ionalcareers We t herefore allow t hese appealsbut wit hout anyorder as t o cost s and set aside t he j udgm ent sof 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 High Court which have been reversedin t hese appealsI l 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 Haryana2000 649SCT suprahas been relied 1099 wherein SubhashChanders case upon and it has beenheld as under 1 0 C C Z m Ct 06 QO e Z a 4 We have heard learned counsel for t he part ies and are of t he Vlew 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 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 changet he durat ion t ill t he st udent s who j oined Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH t he course in t he academ ic session 199798 had JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 1 0 C I C I Z m t r I 08 rm m Z Clm 71 r CWPNo8583 of2009 S 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 6730 1993 41 SCT 328 6 PI l lFBl and SwaraniitSinghand anot herv St at eofPuniaband ot hers 1998 21 SLR 14 1997 41 SCT 511 Hl FBl We are unable t o agree wit h t he cont ent iOll of t he pet it ionerFrom t he st and t aken by t he decided lt 1S clear t hat t he com pet ent 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 includest he ineplant t he m arks awardedt o a candidat ein t hist raininghave t o be included in t he diplom a awardedt o I t is furt her clear t hat t he Direct or Technical Educat ion Haryanaby his com m unicat iondat ed 1801995 inform edall t he of 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 Whathappenedwas t hat when t he prospect uswas issuedfor t he academ ic session 199798 t here Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH inadvert enterror t herein and t he durat ion JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 1 I lk 2 72 CWP N085830f2009 44 21 of t he course was shown t o be of 3 years When t his error was not iced t he Direct or Technical Educat ionHaryanasent anot her com m unicat ion t o all t he Principalsof t he I nst it ut es im part ing educat ionin Elect ronics and Com m unicat ion Course t hat t he revised curriculum wast o wit h effect from t he academ ic sesSlOll 1995m 96 This 1S not a case where t he durat ionof The t he course was changedm it st ream durat ion of t he course had alreadybeen increasedt o 3112yearsint he year 1995 and t he is onlyt ryingt o t ake advant ageof t he errort hat creptin t he oft he prospect us for t he academ icsession 1997e98 We are furt 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 hecom 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 1984SC 1415 When a course st ret chingover a periodof 3 years com m encesand t he st udent s j oin t hat course t he aut horit ies m ake no prom lse t hatt here would be no alt erat ion of t he durat ion 1 0 0 CAO I Z m I c CQ Z t l eeeO Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH and t hatt he Rules in regardt heret owhich were in forceat t he t im e of adm ission would cont inue t o JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document j 0 0 I C5 I Z w2 I c CO 3 Z Cl 73 CWPNo8583 of2009 d 22 be appliedunt il t he whole course is nished I n t he case before us as alreadyobserved t here was onlyan error in t he publicat ionof t he prospect us on t he basis of which t he presentpet it ionhas been 61ed We are sat isfied t hat t he durat ion of t he course had been ext ended t o 3 112 years st ret chingover 7 sem est ers even before t he pet it ionerj oinedt he sam e 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 lnat lOn did not becom e eligiblefor adm ission t o t he course He is yet t o t he it olant t rainingin t he 7 Sem est er and t he m arks obt ained by him in t hat t raining be t aken int o account before t he diplom a1S awardedt o him 99 Anot her Division Bench of t his Court ln t he case of AkashdeepBhargoand ot hersVs Baba Farid Universit v ofHealt h Sciences and ot hers 2007 29 SCT 139 has observed as followsl 10 The fact s as not iced above clearlyshow t hat alt hought he pet it ionershad been adm it t edin BAMS course in t he College No t he year 2000 and at t hat pointof t im e t he said collegewas affiliat ed wit h Guru Nanak Dev Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED 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 10:56 I attest to the accuracy and integrity of this document 74 1 d CWP No8583 of2009 m 23 m 0 0 I C Z C I 08 4 2 Z 0 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 applicablet 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 own t aken The decision 13 2001 has alreadybeen ext ract edabove The said decisions shows t hat onlyt he st udent sadm it t edpriort o 2000 were t o be governedby old The have cont inued wit h t heir st udiesunder t he new of Baba Farid Theyhave in t heir final BAMS exam inat ion held 111 t he m ont h of MaylJune2006 I n t hese circum st ances t he and ordinances of Baba Farid operat 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 ainany 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 accountof t he fact t hat at t he t im e of adm ission Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH t hey were by Guru Nanak Dev JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 75 pCWPNo8583 of2009 24 Universit y We do not flnd t hat t he m ade by t he t hat a operat ionhas been givent o t he ordinanceof Baba Farid Universit yis j ust ied As a m at t er of t he case ln hand is squarely covered byt he j udgm entoft he Suprem eCourt 111 SubashChanders I n view of t heiict um of t he aforesaidj udgm entof t he Honble Suprem eCourt in t he cases of Subash Chanders Hawaldar Singhs supra9and t wo Division Benches t his Court lI l Rahul Gupt aand Bhargoscases t he int roduct ion of t he carry onsyst emcannot be said t o lI l operat lOllSo long lt was appliedt o t he exam lnat lons held a8er cany OI l syst em SO applied The pet lt lonersare not at all ent it ledt 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 Bharduj who n t r 0 C I Z m I 08 ClO m wo Z Q had also flled writ pet it ionshave lleen t o appear in t he sem est ers exam lnat lons t he writ pet it ionswere wit hdrawn Vide order dat ed 01022010 passedby t his Court MrPat walia asked t o Sle an affidavit t his regard 1 Affidavit has been t lled Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH 1 JOYTI RANI 7 I j 2016.03.28 10:56 I attest to the accuracy and integrity of this document 6 4 151 1r 0 V I 90 9 1 76 CWP No8583 of2009 25 I n t he aforesaid affidavit 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 111 t he affldavit flled by t he 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 31072008 The Com m it t ee not iced t hat since t he posit ionwit h regardt o t he unifonn t he cany on syst em was not clear but cert ain ineligiblepersonshave been adm it t edunder carry on syst em I t is lrt her not iced t hat received from t he st udent s from various I n oft he carry on syst em respectt o ineligiblecandidat eswho were grant edadm issions under t he carry OI l it was t o t he t o concerned 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 for adm issionwill be considered lI l specialt erm s A copy of t he decisionof t he Com m it t ee is also eonclosedalong wit h t he affldavit I t is m ent ionedin t he affidavit t hat in view oft he aforesaiddecision t he candidat eswho wit hdrew t heir writ pet lt lonswere glven specialchance t o clear t he flrst and second i l 0 C C Z Q I 08 r0 4t 2 Om papers along wit h 7 and 8 sem est ers Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 1 77 0 CWPN085830f2009 26 t hey were grant edadm issions t o 7 and 8 sem est ers 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 hewrit t o wit hdrew from t he writ pet it ionobviously t o t ake benefit of t he Universit ysown decision I t is also pert inent t o not e t hat t he decision of t heUniversit ygrat ingrelaxat ion was not circulat ed lTl all t he and has been appliedln a select iveway The had no of such a decision and t hus t heycould not even applyseekingt he benefitof t he decision I t is a m at t er of concem f t his Court t o not e t hat sim ilarlysit uat edwrit who have wit hdrawn t heir writ have been grant edrelief and t he presentwrlt have beendeniedt he benefit wit hout any law11 and valid reasons Even t hought he cany on syst emunder challengeln t he presentwnt deservesno int erferencein view of t he law laid down by t he Apex Court lll Puniab Universit v Vs SubhashChander ad anot her and Puniab Universit y Chandigarh Vs Deviani Chakrabart iand ot hers it can be said t hat t he decision t o int roduce on syst em m id course 1S S ret rospect ivelI l However t he fact rem alns t hat t he 0 C0 I C5 I Z I t a5 0 WA Z Qm Universit ylI l it s wisdom chose t o grant special chance t o Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH candidat es for clearingflrst and second sem est er JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 78 CWP No8583 of2009 27 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 beenappliedselect ivelyand not uniform allyThis act ion of t he in law and is an arbit raryexerciseof powerdeservesno The Universit yas an I nst it ut ion has t o act ln an m anner t o all The Act ion of t he Universit ydo not suggestSO Som eof t he sim ilarlysit uat ed candidat eshave been grant edt he benefit of specialchanceand adm issionst o t he highersem est ersdespit et heir under t he cany on syst emwhereas ot hershave been deniedsim ilar relief I n Vlew 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 chance grant edt o ot her sim ilarlysit uat ed st udent sfor clearingt he papers of first 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 L 0 Ca I 0 I Z m Ll 08 r Z 0 L allowed in t he followingm annerl i Such of t he who have not availed specialchance forclearingflrst and second sem est ers reppear will be provided specialchancefor t hepurpose ii9 adm issions grant edt o t he undert he int erim ordersoft his Court shall st and Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH t o 718 sem est ers JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document CWP No583 of2009 0 28 result of t he who have lI l sem est ers exam inat ionsshall be declared t hose who have been denied adm issionsin 718 sem est ers account of nonm clearance of secondlt hird sem est ers exam inat ionsshall be grant edadm issiont o 718 sem est ers as t he case m ay be and on oft he course t heir result shall be declared v9 t his relaxat ion shall be available t o alst udent s who have reached 7t 18 sem est ers upt o academ icsession 2009201 0 or t ill such t im e t he decision oft he Universit yt aken vide let t erNo1737 DAA dat ed01082008 shall rem aln lll operat ionI t is however opent o t he Universit yt o applyt he carry on syst emt o t he disciplinescovered by carry on syst em by properly not iI ingt o t he st udent s 08042010 BLS 1 6PERMODKOHLI 9 JUDGE 1n 1 0 0 I C5 I Z I 08 QO W3 Z t l Whet hert o be referred t o t he L YES 0U 1 1 1 C S 6SYV Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document