Haryanaat De ofdecision0804 20101 1 CWPNo85830f2009 Sam rit iSharm aand ot hers v. GuruNanak Dev and anot her Pet it ioners C5 6 A4 t

oft he first t wo sem est ers but t here will be no condit ionfor a st udentfrom t hird sem est er t o fourt h sem est er C 1However a st udentshall be t o fift h sem est er Oillyif he has at least 50lo oft he first four sem est er d1There will be no condit ion for st udent om fiflh t o sixt h set nest er e9 However a st udentshall be a t o sevent hsem est er onlyif he has passedall t he oft he first t wo sem cst ers f9 The st udenl shall t o eight h selnest er oilly if he has passedall t he oft he flrst t hree sem est ers AAer a periodof eight hsem est erst he st udentshall be givena periodof t wo consecut ive years m orc t o pass failingwhich he shall havet o st aortt he course Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh afreshfrom t he first sem est er However sucll a JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 82 CWP No8583 of2009 e 1A st udentwill t est agalll 79 The aforesaidOrdinancescarry on syst en was lrt her am endedby t he Syndicat ein it s held on 13122006 111 t he followingm anner PresentHeadingl 4 v 8 7 Carry on Syst emfor vanous 6iiil Carry on Syst cmfor various sem est er exam lnat ions exceptlaw sem est er exam inat lons exceptLaw Facult ies and School of Social and School of Social Sciences I Sciencesl Vide t he am endm ent t he cany OI l for various sem est er was lnade t o t he Facult ies as well exceptLaw and School of Social Sciences However t he am endm entwas appliedfrom Session 20072008 The Universit yfurt herint roducedt he am endm ent 111 t he carry on syst emof B Tech M Tech MCA and MBA 5 years course videit s decision dat ed 1 82008 wherebyt he cany on syst em was appliedin all t he exceptLaw and School of Social Scoiencesfor whicb t hereare separat eOrdinances m 0 C I C5 I W 1Z 4 21 0 2 0 n I 6na4 am 0 Vide t he aforesaid decision t he carry on syst emwas m ade t o t he Com put erScience and Elect ronic by way of furt her clarificat ion of t he am endm ent int roducedvide I t em No23 in t lle m eet ingof t he on 05122006 The oft he decision dat cd Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh Ol082008 t he am endedOrdinancesGovet ningt he carly JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 83 CWP No8583 of2009 r 9 91 5 t o has been appliedt o all t he courses referred As a consequenceoft he ofcany on syst ema can be from first sem est er t o second sem est er wit houtany condit ion I lowever such a sOldentcan be t o t hirdsem est et if he has passedat least 50 per cent I m e 1 of t he First t wo sem est ers For sem est er 110 condit ion 1S Againfor sem est er a st udentm ust pass at I east50 per cent t o 4 t o 5 t he first four sem est ers from 5 t o sem est er 1Swit houtany condit ion For t o 7 sem est er a furt her em bargo creat edt hat 1S t he st udent m ust pass all oft he flrst t wo sem est ers t o 8 sem est ers a st udentm ust qualifyall t he oft he flrst t hree t hereby a st udent will not be t o seek adm ission in 7 sem est erifhe has any reappearor backlogof rst t wo sem est ers Sam eeligibilit ycondit ion will applyfor t o 8 sem est er and if t he st udent has a 0 C 1 C5 L4 7 r4 f r 4 e 1 1 3 Ce r1 C reappearor offirst t hreesem est ers he is ineligiblet o seek adm issionin 8 sem est er The grievanceof t he is t hat t he at nendm ent int roducedor t he clarificat ion issued vide order dat ed Ol 082008 1S illegaland 111Cases oft he Wit h a view t o Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh t heir cont ent ion rcliance is placedon t he Ordinance JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 84 CWP N8583 of2009 r 4 10 dat ed 14112000 Pm l which was lll force at t he t im e of adm ission which only 40 per cent m arksof all t he papers in a sem est er of t he fact whet her a st udentfails 111One or m ore of t hat sem est ers I t is furt her cont endedt hat carry on int roducedlll t he Calendar 1999 6Vol I O has no t o t he and TechnologyI acult ies Law and School of Social Sciencesas is evident from Annexure I 3 Even t he am endm ent pursuantt o t he decision of t he vide I t em No3 in t he held on 5122006 cany on syst emfor t he and TechnologyFacult ies has been applied80111Session2007m 2008I t is subm it t edt hat since t he adm it t ed lrl t he year 2005 t his am endm entis againnot t o t he havingbeen m ade from Session 20072008 as pert he cont ained in t he am endm entOrdinances it self 1 1S furt her t hat vide order dat edOl082008 lnnexure P4I 1 E 0 C43 Z C5 W V4 72 Ll 4 0 4 9a r3 OO 4 2 1 3 0 C herein t he am endm enthas been applied which has affect ed t he career t he Accordingt o t he learned counsel for t he t he known t hat t heywould be requiredt o clear all t he reappearof 8rst 213sem est ers t heywould have concent rat edon Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh t hose papers on priorit YeNow aft er t wo years t he JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 85 CWPN08583 of2009 r 11m cannot be for not havingcleared t he papers t wo years I t is 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 hc hit her t o availablc 111 exist ingst at ut ellaw Accordingt o t he t he only t o t he seven and eight hsem est ers was t hat a candidat eshould secure 40 per cent m arks in aggregat cI ll 21 sem est er of t he fact whet her a candidat ehas failed 111 one or m ore oft he papersoft hat sem est er I n t he replyfiled by t he t he has relied upon t he order dat ed 01082008 whereby carry on has been appliedt o all t he courses t he These t wo exceptLaw and School of Social Sciences courses being by separat eOrdinances I t is reit erat ed t hat any havm g 111 t he flrst t wo sem est ers is ineligiblefor seekingadm ission t o 7t h sem est erand a candidat ehavingreappear in first t hree sem est ers m r 0 O I C I 2 Q 4 X c 00 r 42 0 1S 4eee t o seek adm issionin 8 sem est er I t is st at edt hat asa m at t er of fact order dat edOl 082008 1S not an am endm entt o t he but onlyby way ofclariflcat ion as previousOrdinances of 2000 were in t his regardand t hus necessit at eda clarificat ion I t is m ent ionedin t he replyfiled by t he Unlversit y t hat som e Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh t he who had peared0I ll reappear JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 86 r CWPNo8583 of2009 2 1 exam inat ionson t wo selnest ers were adm issiont o 7t h subj ectt o clearanceoft he backelogoft he flrst t wo sem est ers on t heir filingof t he affldavitt hat in t he event of t he failure of t he candidat et o clear t he reappear of first t wo t he adm ission t o 7 sem est er could be cancelled Sim ilar affidavit s filcd by t he securedadm ission lI l 8 sem est er while in first t hree papers I t is subm it t edt hat all t he adm issionst o 7 and 8 sem est ersin respectt o t he candidat eswho had backelogof first 213sem est ers were in nat ure and could be cancelledOll t heirfailure t o clear t he When t hese pet it ionswere filed int erim orders Were by t his Court in CWP No8583 of 2009 on 29052009 ent ryin 8 sem est er Sim ilarordersWere passedin ot her t he t o seek adm issionin 7 and 8 sem est ersand also t o appear 111t he exam inat ionsfrom t im e t o t im e MrlO Pat walia leam ed counsel for t he has however arguedt hat neit her t he Ordinances carryingon syst emare ln nat urenor t lle order dat ed 0108008 can be const ruedt o have His rt her cont ent ionis t hat t he Universit yis ent it led 1 0 C Aee C5 em m 2C 7 0 1 a4 c0 CO t 3 0 f C t o Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh t he rules even duringt lhecont inuanceoft he Courseby a JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document e 0 C0 11 C9em e M 7 0 4 e 08 lXl t h7 2 fl 4 87 CWP r N8583 of2009 l 13 st udentas t he Universit ydoesnot hold a prot nisct o a st udent not t o changet he durat ion or t he m anner or m et hodof from one sem est ers t o anot hcrexcept t he syllabusor a courseofst udyfor which a st udentm ay be ent it ledt o not ice The have placedreliancc upon a Single oft his Court report edPawan Kum ar Sharm a Vs The St at e of Puniab and ot hers 1991 63 Recent Services 407 I n t his case t he affiliat ingUniversit y byeelaws t he condit ionof passingt he exam inat ions in a part icularchance The 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 learnedSingleBench oft his Court held t he as followsl t he lssue a I t has been laid down in t he abovereferredt wo aut horit iest loatt he whicll applicableat t he t im e a st udentt akesadm issionin t he consolidat ed course would keepon applying of any am endm entt ill t he st udentSo adm it t ed t he course I n view of t his t he were not j ust iSedin applyingt he which were on 16 August 1986 t o t he st udent swho had got adm issionin t he BMS course in t he 6rst year priort o t hat dat e 99 Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 88 r CWPN08583 of2009 14 Reliance is also placedon anot herDivision Bench of t his Court in t he COSCof Munish Kum ar Talwar Vs The Vice Chancellor Baba Farid Universit vof Healt h Sciences andot hers 2007 SL 330 I n t his case also t he rules for BAMS course were am ended The am ended rules adm issiont o final cxam inat ionif t here is reappearln t he second exam inat ion The t herein had reppear 111 second t houghhe was adm ission t o t hird sem est er but not t o appearin t he exam inat ions This Court t he held as underl The short t hat requiresdet erm inat ion lI l t his case is whet her t he is t o be by t he am ended or uneam ended Ordinance The had been pem it t edt o in t he 3 Professionalexam inat ionheld 2005 I ft he originaldurat ionoft he 3 Professionalhad not beenam ended t he hadcleared t he reappearsof t lle 2 Professional and on t hat account t here was before hun t o appear in t he flnal exam inat ion which was t hen t o be held in Novem ber Decem ber2005 As per t he appellanthe lS sufferingon account of t he wrong 1 0 0 I C Z e Z m 1 1r 05 00 a 2 D Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh t heam endedOrdinance in his case JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 89 CWP N085830f2009 r 15 9 Sincet he is requiredt o be t reat edas t o bat ch of year 2000 as already not icedt he provisionofpara11 would also com e t o his rescue When t he t hecourse he was ent it ledt o t ake t hat he would be eligiblet o clear 1st and 2 ProfessionalbyNovem ber4Oecem ber2005 He reallycould not have any say in flxingt he durat ionof t he 3 t he by am endlnentin Ordinanceaft erhe hadj oinedt he COUrSC To such a sit uat iononlyperhapst heprovision ofpara11 of Ordinance candidat esadm it t edpriort o providedt hat 2001 will appear 111 a8er t wo yearsof st udy I t can be not icedt hatt he has st udiedwit h t he bat ch lll 1 and 2 Professional exam inat ions Thus a different durat ionof 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 needt o be m aint ainedbet wecnsim ilarlysit uat ed candidat esand t hat is what is soughtt o be achievedbyOrdinance above We are t husoft he view t hatunam endedOrdinancewould govemt he case oft he and t lle provisiot ls m Q 0 0 I C0 X m t Z 06 CCl e7 3 n C t he am ended Ordinance cannot be t nade Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh applicablet o him 99 JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document m L 0 C X C nSa 1 4 0 r e a4 c6 10 51 7P3 7 e ae Clw 90 CWPNo8583 of2009 r c r 16 To t hecont rary Mr DS Pat walia leam ed counsel for t he has reliedupon PuniabUniversit v Vs Chander and anot her 198493 Court Cases 603 I n t his case t he had securedadm issiont o MB13S course m t heyear 1965 Thc exist ing m lnlm um of 50 per cent m arkst o pass in each subj ectI n addit ion t o t he above t herewas a rule for grantof grace m arks upt oone of t he t ot al aggregat em arksincI udingm arksfor 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 conflnedt o t ot al m arks excludingt he inarks for int ernal 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 iont he gracem arks of one percentwas confinedt o each subj ectand not t o of all subj ect sThe who was a st udentof MBBS was failinglll one per He claim ed grace m arkson t he basisofunam endedrules but he was awardedgracem arkson t he basisof t he at nendedrules which did not prove beneficialt o him He t he sam ein t he Punj aband Haryana 11j 04 1 4 Full Bench oft his Court allowcd t 4 Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh at t l 9 t JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 91 CWP No8583 of2009 r m 17 applyand t he am endedrules ca11110tbe applied t o t hedet rim entoft he candidat es onble t he Suprem eCourt while t he issueheld as underl 11 We do not agreewit h t he leam edJudgesof t he Full Benchoft he HighCourt t hatt hereis any elem entof I ll t he changebroughtabout by t he addit ionof t he t o Rule 2l oft he Calendarfor t he year 1970 accordingt o t he Short er Oxford EnglishDict ionaryThird Edit ion in relat iont o St at ut eset c ineans wit h regardt o pastt im e The changebrouglltabout by t he addit ion of t he t o Rule 2 l does not say t hat it shall be wit h effect 6om any earlier dat e I t obviously I t is not possiblet o hold t hatit is ret rospect lve111 m erelybecause t hough int roducedin 1970it was appliedt o SubashChander 1 who for t he final exam inat ion in 1974 aAer 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 issionin 1965 t hat t here will be no alt erat ionof t he rule or I ll regardt o t he percent ageof m arksrequiredfor passing any exam inat ionor award of grace m arks and t hat t he rulesrelat ingt heret owhich were in force at t he t im e of 1 0 0 I C5 Z Z W C 2C 08 00 r e7 20 0 m Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh 51 his adm ission would cont inuet o be appliedt o him unt il JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 92 r CWPNo8583 of2009 18 we are clearlyoft he opinioilt llatt herc is of t he changein t he rule m ade in lhe year increlybecauseit 12 1970 WEI S in 1974t o SubashChanderwho hadj oined in 1965whent herule t heMBBS course 1 0 0 C5 I Z 1 1 08 CO 43 t lm C of grace m arks was dlfferent I n t hese circum st ances affinnt he view of DK Mahaj anand PC Jain JJ iil t heDivision Bench in SewaRom V Kurukshet ra byt he t he view t aken learnedhldgesof t he Full Bench in t he decision in t his case and hold t hat t he Uiliversit y wasrightin holdingt hat SubashChander l was not ent it ledt o 16 grace m arksunder t he old rule was ent it ledt o oilly4 gracem arksundert he new rule and had t herefore not passedt hc exaininat ion 111 We allow t he appealbut wit houtany order as t o cost s Howevert his decision will not affect t he resultof t he exaininat ion of Subash Chander in if it had been declaredas per t he direct ionof t he learnedJudgesoft he Full Bench in t heLet t ersPat ent Appea The aforesaid was followed by anot herBench t he Suprem eCourt in t he case Puniab Universit v Vs DevianiChakrabart iand ot hers 3 CourtCases 612 wherein it has been held as followsl Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document m Ct 0 C e 0 e 4a 4r n n n rS44 C15 o3 e 21 114 93 r CWP No8583 of2009 m 19 I n t he presentcase also t he new decisionsare lOnlllOfacie 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 heseappealsbut wit hout anyorder as t o cost s and set aside t he t he Migh Court l and dism isst he writ pet it ionsHt owever t his decision will not affect t he rightwhich inight have bcen grant edt o t he pet it ions on t he basisoft he in t he Wrlt oft he I igh Courtwhich havebeenreversedin t lleseappeals A sim ilar issue cam e t o be considered by a Division Bench of t his Court 111t he case of Rahul Guot a Vs St at e of Haryana2000 SCT 1099 wherein SubhashChanders case has beenrelied uponand it hasbeen held as underl 4 We have heardlearned 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 is t hat when his client j oinedt he diploinaCOUrse 111 t he year 1997 t he m ade it clear t hatt he durat ionof t hat course was 3 years and t he could not Suresh Kum ar 2014.03.29 16: 06 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 2016.03.29 14:44 I attest to the accuracy and integrity of this document 94 CWP No8583 of2009 r 2 V w20 t he sam e He has placedreliance Oll Full Bencll of t his Court in Am ardeep Sahot av St at eofPuniabet c 1993 SLR 6731 1993 41 SCT 328 Hl 3l and andanot herv St at eofPuniaband SLR 1411997 I I SCT 511 0 Hl FBI We are unable t o agree Wit h t hC cont ent lOll of t he From t he st andt aken byt he decided is clear t hat t he com pet cnt in t he year 1995t o revise t he curriculumof Elect ronics and Com m unicat ion Course t o 3wl2 years consist ingof 7 sem est ers The7 sem est er includest he i1plant and t he m arksawardedt o a candidat e 111 t hist raininghavet o be included in t he diplom a awardedt o him I t is furt her clear t hat t he Direct orTechnical Educat ion Haryanaby his dat ed18 0195 inform edall t he of t he I nst it ut esin t he St at eof Haryana whichim partsuch educat ion t hat t he durat ion of t hecourse had been increasedt o 3 112years and t hatt he revisedcurriculumwas t o be wit h elect from t he academ ic session 199586 What was t hat when t he prospect uswas issuedfor t he academ ic session 199798 t here Q 0 C3 I C5 I Z W 0 a4 c6 C W2 11 Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh was an errort hereinand t he durat ion JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 95 CWPNo8583 of2009 r 21 of t he course was shownt o be of 3 years When t his errOl Was not icedt he Direct or Technical Haryanasent anot hercom m unlcat lOll t o all t he t he I nst it ut esim part ing educat ionin Elect ronics and Com m unicat lOll Courset hat t herevisedcurriculumwas t o wit h effect from t he acadeinic sessioll 199596 This is not a casewhere t he durat ionof t he course The durat ion m idest ream t he course had alreadybeen increasedt o 3112yearsin 00eyear 1995and t he pet t t ioner1S onlyt ryingt o t ake errort hat creptin t he oft he of t he fort he academ icsession1997a98 We are furt her oft heview t hat even aft ert he com m encem ent of t hecourse which was earlier3 years it was open t o t hecom pet ent t o changet he durat ionby t heRules as hasbeen observedbyt heir t he Suprem eCourt I n Panj ab v SubashChanderand anot her A1R 1984SC 1415 When a course st ret chingover a periodof 3 yearscom m ences and t he st udent s j oint hat course t he aut horit iesm ake no prom ise t hatt here would be no alt erat ionof t he durat ion andt hat t he Rules in regardt heret owhich were in 0 0 O I 9 I Z e 7e4 128 67 W 7 LI 4 9e1 Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh forceat t he t im e of adm issionwould cont inuet o JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 1 L 0 C I C5 w 0 Z c8 f10 r e7 e 0 96 CWP No8583 of2009 r 22 unt il t he whole course is Onished I n t he case beforeus as alreadyobservedt here was onlyan error in t he of t he prospect us Oll t he basisofwhich t hepresentpet it ionhasbeen filed We are sat isfiedt hat t he durat ionof t he course had been ext ended t o 32 ovcr 7 sem est ers before t he j oinedt he sam e l10t his view of t he m at t et t he who has cleared t he 6 sem est er exam inat ion did not becom eeligiblefor adm issiont o t he course I I e is yet t o t he t rainingin t he 7 Sem est er t he m arks obt ainedby him in t hat t raining would be t akenint o account beforet hediplom ais awardedt o hiin 91 Anot her Division Bench of t his Court 111 t he case of AkashdeepBhargoand ot hersVs Baba Farid Universit vofHealt h Sciences and ot hers 2007 29 SCT 139 has observed as followsl 10 The fact s as not iced above clearlyshow t hat t he had beenadm 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 Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh Universit ybut lat er on on const it ut ion of Baba Farid Univcrsit yof Healt h Sciences t hc said JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 97 1 r CWP No8583 of2009 m 23 m Ll 0 0 I CA0 Z m 0 7r 5 00 t e 1 4 9 rI e9V collegecam et o be affiliat ed wit h Baba I arid in March 2001 For a periodof som e t im et he old of Gunl Nanak Dev Uiliversit ywere m ade t o t he st udeont swho were adlnit t edbut lat er on Baba Farid of Healt h Sciencesfram 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 by old The havecont inuedwit h t heirst udiesunder t he new of Baba Farid They have t heir Onal BAMS exam inat ion held in t he m ont h of MaylJune2006 I n t hese circum st ances t he and ordinancesof Baba Farid at t he t llne of t he exam inat ion are t o govern t he case of t he Concededly t he ordinances of Baba Farid Universit ydo not cont ainany provisionof gracc m arks as claim ed byt he The cannot clainot o have acquiredany vest ed right s m erelyOll Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh t hey wcre accountof t he fact t hat at t he t im e of adm ission by Guru NanakDev JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 98 CWPNo8583 of2009 1 4 24 We do not flnd t hat t he m ade by t he t hat a ret rospect ive has been givent o t he of Baba Farid As a m at t er of fact t he case in hand is coveredbyt he of t heSuprelneCourt 111 SubashChanderscase supral I n Vlew of t he dict umof t he aforesaid of t he HonbleSuprem eCourt in t he cases of SubashChanders 6supra Hawaldar Singhs6supra and t wo Division Benches t his Court in Rahul Gupt aand Bhargoscases suprat he int roduct ionof t he cany on syst emcannot be saidt o 111 So longit was appliedt o t he exam inat ionsheld alt er carry on syst emSO applied The arenot at all ent it led t o invoke eit her t he doct rine of or t he I t has been cont endedon behalfof t he t hat t wo nam ely Kaur and Am it Bhardwajwho had also flled writ have been t o appear in t he sem est ers aft er t he writ wit hdrawn Vide order dat ed Ol 022Ol O passcdby t hs Court MrPat walia was asked t o flle an afdavit in t his m 0 C Z C0 Z 2E a 0 1 t 28 t T1 11 1 f Affidavit has been flled Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 99 CWP No8583 of2009 25 I n t he aforesaidaffldavit of t he of result of t hree candidat esnam edabove who wit hdrewt he writ t o t he next sem est er havebeen adm it t ed I t is st at edln t he affldalit flled by t he t he Guru Nanak Dev Universit yt hat t he t nauer relat ingt o cany on syst emwas consideredby t he Com m it t ee byt he ViceaChancelloron 31072008 The Com m it t ee not icedt hat since t he posit ionwit h regardt o t he uniform t he carry on syst em was not clear but cert ain personshave beell adm iuedunder carry on syst em I t 1S furt hernot iced t hat were receivedfrom t he sludent s from various oft he cany on syst em I n respectt o ineligiblecanclidat eswho were adm issions under t he carry on it was left t o t he t o concem ed t o giI I et hem a specialchance I t is furt her m ent ioned t haton receiptofsuch request8lom t he candidat es t heir cases adm issionwill be considered 111 specialt erm s A copy of t he decision of t he Com m it t ee 1S also enclosed alongwit h t he affidavit I t is m ent ionedin t he affidavit t hat 111Vlew of t heaforesaid decision t he candidat eswho wit hdrew t heir writ pet lt lonswere given specialchancet o clear t he first and second 1 0 0 Z C5 Z a 0 1 c6 t O W7 7 23 papers along wit h 7 and 8 sem est ers Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 400 CWP No583 of2009 26m t hey were r t o 7 t h sem est ers Even a8er t hese writ reserved for j udgm entsom e haI e been flled on bchalfof som e of t he writ t o wit hdrcw frolll t he writ pet it ionobviously t o t akebenefit of t he owndecision I t is also t onot e t hat t he decision of t he Universit ygrat ing1elaxat ion was not circulat ed in all t he select ive and has 111a The had 110 of such a decisionand t hus t heycould not evcn applyseekingt hc benefitof t he decision I t is a m at t er of concem for t his Couit t o not e t hat sit uat edwrit who have wit hdrawnt heir writ have been relief and t he presentwt t havebeen deniedt he beneflt wit hout any law611andvalid reasons Even t he carry on syst emunder 111 t hepresentwrit deservesno int erference111VleW of t he law laid down by t he Apex Court in Puniab Universit y Vs SubhashChander and anot herand Puniab Universit vChandigarh Vs DevianiChakrabart iand ot hers it can be said t hat t he decision t o int roduce on syst em m id course in operat ion However t he fact rem ains t hat t he t Z 0 0 Z C5 I m C t 4 r28 11 t 4 J t l J I l Universit yln it s wisdom chose t o grant special chance t o Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh candidat es for cI earingflrst and second sem est er JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document 401 C CWP No8583 of2009 r 4e27 exam inat ionsand were also adm ission t o 7 and 8 sem est erswit hout t he backlogpapers This decision has select ivelyand not This act ion of t he in I aw and 1Sat l arbit rarycxerciseof deservesno The Universit yas an Jnst it ut ion has t o act ln an norarbit rarym anner t o all The Act ion oft he do not suggestSO Som eof t he sit uat ed candidat eshave been t he benefli of specialchanceand adm issionst o t he highersem est ersdespit 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 t o ot her sim iI arlysit uat ed st udent sfor t he papers of first and secondsem est ers on uniform pat t ern Their rightt o adm ission t o 718 sem est ers cannot be denied t o t hcm These m 0 C0 I 0 C Z m Q C 7r 64 1 C 00 e7 r1m 4e allowed in t he followingm annerl i1 Such of t he who have not availed specialchance for clearingfirst and second sem est ersrppear will be specialchancefor t he purpose adm issions grant edt o t he t o 718 undert he int erim ordersoft his Court shall st and Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh sem est ers JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document e CWP Nt 08583of2009 e28m 1 iio result of t he who have 111 718t h exam inat ionsshall be declared t hose who have been denied adm issionsin 718 sem est ers account of noneeclearanccof secondlt hird sem est ers shall be adm issiont o 718 sem est ers as t lle case m ay be and on oft he courset heir result shall be declared v t his relaxat ion shall be available t o all st udent swho have reached718 sem est ersupt oacadem icsesslOll 20092010 or t ill sucht im e t he decision oft he Universit yt akenvide lcuer No1737 DAA dat edOl082008 shall rem aln111 I t is however opent o t he t o applyt he cany on syst emt o t he disciplinescovered by cany not ifyingt o t he st udent s 08042010 BLS 1 0PERMODKOHLI JUDGE e Whet hert o be referredt o t he L YES m t 0 C Z 9 Z Z a e4a 4a c6 1m 67 e W n 1 9 12 7 C45 e 9P 41 Suresh Kum ar 2014.03.29 16: 06 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.29 14:44 I attest to the accuracy and integrity of this document