Universit yand anot her Pet it ioners 2 CWP 9218 of2009 JugrajSingh v. Guru Nanak Dev and ot hers 3 CWP No Naveen Singh

st udentfrom first sem est er t o second sem est er b9However a st udentshall be sem est er only if he has passedat least 500I o t o t hird of t 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 9However a st udent shall be t o Sft h sem est er only if he has passedat least 500I o oft he first four sem est er d9 There will be no condit ion for prom ot inga st udentfrom fift h t o sixt h sem est er e9 However a st udent shall be t o sevent hsem est er only if he has passedall t he oft he Srst t wo sem est ers 0 The st udent shall be prom ot edt o eight h 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 pass failingwhich he shall have t o st art t he course Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh afresh from t he first sem est er However such a JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 92 CWP No8583 of2009 14 8 st udentwill not be requiredt o quali6lt he ent rance t est agaillet 7 The aforesaidOrdinances6carryon was hlrt her am endedby t he Syndicat ein it s m eet ingheld on 13122006 lll t he followingm annerl 1 PresentHeadin ProloosedHeadin 0 C I C5 I Z 1 I 06 OO m o Z t l vanous 6iii9Carry on Syst emfor various ii9 Carry on Syst emfor sem est er exam inat ions except law sem est er exam inat ions exceptLaw 1and Engineeringand TechnologyFacult ies and School of Social and School of Social Sciences e Vide t he am endm ent t he cany on syst emfor vanous sem est er exam lnat ions was m ade t 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 cany syst emof B Tech M Tech MCA and MBA S yearscourse vide it s decision dat ed 1 82008 wherebyt he cany on syst em was appliedin all t he exceptLaw and School of Social Sciencesfor which t here are separat eOrdinances 4e Vide t he aforesaid decision t he cany on syst emwas m ade applicablet o t he Com put erScience c and Elect ronic by way of rt her clarificat ion of t he am endm ent int roducedvide I t em No23 lI l t he m eet ingof t he on 0522006 The oft he decision dat ed Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh Ol082008 wherebyt he am ended Ordinances Govem ingt he carry JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 93 CWPNo5830f2009 e9 4W 1 has been appliedt o all t he coursesreferred t o hereinabove As a consequence of t he of carry on a st udent can be from Orst sem est er t o second m 0 0 I C5 I Z Q I C45 CQ WA Z 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 sem est er no condit ionis applicableAgainfor sem est era st udentm ust pass at least50 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 1S wit houtany condit ion For t o 7 sem est er a furt her em bargois 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 qualifyall t he oft he t hree t hereby a st udent will not be eligiblet o seek adm ission in 7 sem est er ifhe has any reappear or t wo sem est ers Sam e eligibilit ycondit ion will backlogof applyfor prom ot iont o 8 sem est er and if t he st udent has a C or backlogof first t hreesem 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 clarificat ion issuedvide order dat ed01082008 1S illegaland in cases of t he t o supportt heir cont ent ion reliance is placedon Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh Wit h a vlew t he Ordinance JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 94 CWP No 8583 of2009 4 dat ed1411 2000 10 P which was lI l force at t he t im e of adm ission which onlyrequired40 per cent m arks of a11t he papers in a sem est er of t he fact whet her a st udentfails ln one or m orepapersof t hat sem est ers I t iirt her cont ended t hat carry on which was int roducedin t he Calendar 1999 Tol I I I 9 has no t o t he and TechnologyFacult ies Law and School of Social Sciencesas is evident from Annexure P3 Even t he am endm ent int roducedpursuantt o t he decision of t he vide I t em No3 lI l t he held on 5122006 carry on syst emfor t he Facult ies has been from Session 20072008 I t is subm inedt hat since t he adm it t ed lI l t he year 2005 t his am endm entis againnot t o t he havingbeen m ade operat ivefrom Session 20072008 as per t he cont ained in t he am endm entOrdinances it self I t lS furt hercont endedt hat vide order dat ed01082008 4nnexure P49 herein t he am endm enthas been applied which has affect ed t he career t he Accordingt o t he leam ed counsel for t he had t he known t hat t heywould be requiredt o clear all t he 1 Q 0 C I C5 I Z Q I a5 QO 7 Z t 1 of flrst 213 sem est ers t heywould have concent rat ed on t hose papers on priorit yeNow aller Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh t wo years t he JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 95 CWPNo 8583 of2009 11 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 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 ein a sem est er of t he fact whet hera candidat ehas failed lI l one or m ore oft he papers oft hat sem est er I n t he reply flled by t he t he Universit yhas relied upon t he order dat ed 01 082008 whereby carry on syst emhas been appliedt o all t he courses t he Universit yexceptLaw and School of Social Sciences These t wo courses beinggovernedby separat eOrdinances I t is reit erat edt hat any having lI l t he flrst t wo sem est ers is ineligiblefor seekingadm ission t o 7t h sem est er and a candidat ehavingreappear in flrst t hreesem est ers 1 0 0 I C I Z l I 08 Cn C 3 Z e 1S ineligiblet o seek adm issionin 8 sem est er I t is st at edt hat asa 4VO m at t er of fact order dat edOl082008 is not an am endm entt o t he regulat ionbut onlyby way of clarificat ion as previousOrdinances of 2000 were in t his regardand t hus necessit at eda clariflcat ion I t is m ent ioned ln t he replyflled by t he Universit y t hat som e Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh t he who had reappear JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 96 CWPN08583of2009 12 1 1I exam inat ionson t wo sem est ers were 0 1 j Q 0 C I C5 I Z m 0 c5 Cll m vw Z t l C adm issiont o 7 sem est ersubj ectt o clearanceoft he backog oft he first t wo sem est erson t heirfllingof t he affldavit t hat in t he event oft he failureof 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 affldavit s were flled by t he securedadm ission lI l 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 ersin respectt o t hecandidat eswho had bacllog of flrst 213sem est ers were in nat ure and could be cancelled on t heirfailure t o clear t he When t hese filed int erim orders were by t his Court in CWP No8583 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 MrD Pat walia leam ed counsel for t he has however arguedt hat neit her t he Ordinances canyingon syst emare ln nat urenor t he orderdat ed Ol082008 can be const rued t o have His furt her cont ent ionis t hat t he Universit yis ent it led t o Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh t he rules even duringt he cont inuanceoft he Course by a JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 97 0 CUTPNo8583 of2009 13 I e 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 except t 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 39 Recent Services 407 I n t his case t he afflliat ingUniversit y t he condit ion of passingt he exam inat lons a part icularchance The st udent s who are f t he course at t he t im e of int roduct ionof t he assailed t he act ion of leam edSingleBench oft his Court held t he Universit y as follows t he issue a I t has been laid down in t he above referred t wo aut horit iest hat t he which are at t he t im e a st udentt akesadm 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 com plet est he course I n view of t his t he were not j ust ifiedin applyingt he which were on 16 August 1986 t o t he st udent swho had got adm ission in t he BAlvlS course in t he flrst year prior t o t hat Lr 0 0 C0 I Z m Lr I 08 QO vm o Z t l dat e 59 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 98 CWP No8583 of2009 ee14 44 Reliance is also placedon anot her Division Bench of 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 SL1 330 I n t his case also t he rules for BAMS course were am ended The am ended rules prohibit ed adm issiont o flnal exam inat ionift here 1S reappearln t he second exam lnat iona The pet it ionert herein had reeappear ln second t houghhe was grant edadm ission t o t hird sem est er but not t o appearin t he exam inat ions This Court t he quest ionheld as underl 7 The short t hat requiresdet enninat ion lI l t his case is whet her t he by t he am ended or unnended is t o be Ordinance The had been pem it t edt o in t he 3 Professional exam inat ionheld in Aprivlay 2005 I ft he originaldurat ion oft he 3 Professionalhad 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 which 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 j 0 0 CO I 0 Z C I 08 wm o Z CL Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh t he am endedOrdinance in his case JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 99 CWP No8583 of2009 15 1 r 1 9 Sincet he is requiredt o be t reat edas belongingt o bat ch of year 2000 as already not iced t he provisionofpara11 P would also com e t o his rescue When t he 1 L 0 CA0 I 0 I e Z 08 r AV Z Ll C t he course he was ent it led t o t ake posit iont hat he would be eligiblet o clear lst and 2 Professionalby Novem berDecem ber2005 He reallycould not have any say in fixingt he durat ion of t he 3 by am endm entin t he Ordinance a8er he had j oinedt he course To rem edysuch a sit uat iononlyperhapst he provision of para 11 of Ordinance providedt hat candidat es adm it t ed priort o 2001 will appear lI l aller t wo years of st udy I t can be not iced t hat t he has st udied wit h t he bat ch lI l 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 1S what is soughtt o be achieved byOrdinance 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 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh applicablet o him 00 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 400 CWPNo8583 of2009 16 5L 1 To t hecont rary Mr DS Pat walia learned counsel appeanng for t he has relied upon Puniab Universit v VsSubash Chanderand anot her 3 Suprem eCourt Cases 603 I n t his case t he had securedadm issiont o ABS 1 Lr 0 Cn3 I C49 I Z Q 08 QO a Z t l course m m nnum t he year 1965 of 50 per cent m arkst o The exist ing pass in each subj ectI n addit ion t o t he above t herewas 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 em al assessm entif a candidat efails in 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 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 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 conflned t o each subj ectand not t o of all subj ect sThe pet it ionerwho wasa st udentof MBBS was failingln one paperHe claim ed grace m arks on t he rules but he was awardedgracem arkson t he v t lw 1 On I l4 basisoft heam ended 11 prvebeneflcialOt o him He t he sam e ln t hePunj abandHaana High Court A 1 oft his Court allowedt hewritpet it ionholdingt hatt hr Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh at t he t im e oft he adm issi0r01111 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 401 CWP No8583 of2009 17 1 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 lssue held as under 1 0 0 C5 I Z m 08 Qo m 2 Z 11 We do not agree wit h t he I earnedJudgesof t he Full Bench oft he HighCourt t hatt here is any elem entof t he changebroughtabout by t he addit ionof t he except iont o Rule 2 l of t he Calendarfor t he year 1970 accordingt o t he Short er Oxford English St at ut eset c m eans Third Edit ion in relat ion t o wit h regardt o pastt im e The changebroughtabout by t he addit ion of t he except iont o Rule 2 does not say t hat it shall be operat ivewit h effect from any earlier dat e I t 1S obviously I t is not possiblet o hold t hat it is in operat ionm erely because t hough int roduced in 1970 it was appliedt o SubashChander 1 who appearedfor t he final exam lnat lon 111 1974 aft erhe hadj oinedt he course earlier in 1965 No prom isewas m ade or could be deem ed t o have been m ad6 t o him at t he t im e of his adm ission 111 1965t hat t here will be no alt erat ion of t he rule or regulat ionin 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 o which were in force at t he t im e of Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh heflnishedhiswholecourseene 27 his adm ission would cont inue t o be appliedt o him unt il JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 402 CWPNo8583 of2009 18 we are clearlyoft he opiniont hat t hereis of t he changein t heule m ade in t he year m erelYbeCaUSeit 12 1970 in 1974t o SubashChanderwho hadj oined in 1965whent he rule t heMBBS course 1 C 0 0 I C5 I Z I 08 OO aevA Z Qm r of grace m arkswas different I n t hese circum st ances we affirm t heview of DC Mahaj anand PC Jain JJ in t he DivisionBench in Sewa Ram V Kurukshet ra byt he and disapprovet he view t aken leam edJudgesof 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 I edt o 16grace m arksunder t he old rule butwas ent it ledt o only4 gracem arksundert 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 ln if it had beendeclaredas per t he direct ionof t he I eam edJudgesoft he Full Benchin t he Let t ers Pat ent Appeal The aforesaid followedby anot herBench t he Court 111 t he case Puniab Universit y Vs DevianiChakrabart iand ot hers 3 CourtCases 612 wherein it has been held as followsl Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document w 0 C I C5 I Z Q a5 e 2 403 CWP No8583 of2009 19 0 I n t he presentcase also t he new decisions are pnm a facie in operat ionand t heydid not becom e m erelybecauset hey appliedt o st udent swho had already st art edt heir educat ionalcareers We t herefore allow t heseappealsbut 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 decisionwill 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 basisoft he oft he High Court which have been reversedin t heseappeals A sim ilar issue cam e t o be considered by a Division Bench of t his Court ln t he case of Rahul Gupt a Vs St at e of Haryana2000 49SCT 1099 wherein SubhashChanders case supra has beenrelied 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 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 10: 44 True Scanned Copy Of Original PHHC,Chandigarh t he course in t he academ ic session 1997m 98had changet he durat ion t ill t he st udent s who j oined JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document m 0 C I 5 I Z m C I 08 QO a7 Z Qm 404 CWP No8583 of2009 20 4 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 SCT 328 P85 Hl FBl and SwaraniitSinghand anot herv St at eofPuniab and ot hers1998 21SLR 1411997641SCT 511 I I FB We are unable t o agree wit h t he cont ent ion of t he From t he st and t aken byt he it 1S clear t hat t he com pet ent decided in t he year 1995 t o revise t he curriculum of Elect ronics and Com m unicat ion Course t o 3112 years of 7 sem est ers The 7 sem est er includes t he ilolant t he m arks awarded t o a candidat ein t his t raininghave t o be included in t he diplom a awarded t o I t is 81rt herclear t hat t he Direct or Technical Educat ion Haryanaby his com m unicat iondat ed 180995 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 3112 years and t hat t he revised curriculum was t o be wit h effect from t he academ ic session 199596 What t hat when t he prospect uswas 1 issued for t he academ ic session 199798 t here Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh inadvert enterror t 1 t herein and t he durat ion I I JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and 1 integrity of this document 405 CWPNo8583 of2009 4 21 of t he course was shownt 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 t he I nst it ut es educat ionin Elect ronics and Com m unicat ion Diplom aCourse t hat t he revisedcurriculum wast o wit h effect from t he academ ic sesSlOn 199596 This is not a case where t he durat ionof The t he course was changedm idwst 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 of t he prospect us for t he academ icsession199798 We are lrt her of t he view t hat even aft ert he com m encem ent of t he course which was earlier 3 years it was open t o t hecom pet entaut horit yt o changet he durat ionby t he Rules as has been observed by t heir Lordshipsof t he Suprem eCourt in Panj ab v Subash Chanderand anot her AlR 1984 SC 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 ise t hat t here would be no alt erat ion of t he durat ion 1 0 0 I C I Z m 08 QO nm o Z Ll 4e Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh and t hat t he Rules in regardt heret owhich were forceat t he t im e of adm ission would cont inue t o JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 406 CWPNo8583 of2009 22 4 be appliedunt il t he whole courseis flnished 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 basisof which 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 32 over 7 sem est ers 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 inat ion did not becom e eligiblefor adm ission t o t he course He is yet t o t he inplantt raininglI l t he 7 Sem est er and t he m arks obt ainedby him in t hat t raining would be t aken int o account beforet hediplom a1S awardedt o him 21 Anot her Division Bench of t his Court lI l 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 C 0 C I C I Z e t 08 OO m wa Z I l follows Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh 10 The fact s as not iced above clearlyshow t hat alt hought hepet it ionershad been adm it t edin BAMS course 111t 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 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 10:57 I attest to the accuracy and integrity of this document 44 1 407 0 1 e CWP No583 of2009 23 1 0 C0 I C5 Z e C e 08 ClO Z Clm 40a collegecam e t o be afflliat ed wit h Baba Farid Universit yin March 2001 For a periodofsom 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 own 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 ionershavecont inuedwit h t heirst udiesunder t he new of Baba Farid Theyhave appeared111 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 ordinancesof Baba Farid Universit yoperat iveat t he t une of t he exam inat ion are t o govern t he case of t he pet t t 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 account of t he fact t hat at t he t im e of adm ission Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh t hey were governedby Guru Nanak Dev JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 408 CWP No8583 of2009 24 41 4 6 regulat ionsWe do not find t hat t he grievancem 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 111hand is coveredbyt he SubashChanders oft he Court ln I n view of t he dict um of t he aforesaidj udgm entof t he 1 C 0 C C5 Honble Suprem eCourt in t he cases of Subash Chanders supra Hawaldar Singhs and t wo Division Benches t his Court lI l Rahul Gupt aand Bhargoscases supra t he int roduct ionof t he cany on syst emcannot be said t o lI l operat ionSo long lt was appliedt o t he exam inat ions held aft er cany on syst emSo applied The are not at all ent it ledt o invoke eit her t he doct rine of Z n t r I 08 QO 7 Z Clm est oppelor t he I t has been cont endedon behalf of t he t hat t wo nam ely and Am it Bhardwajwho had also flled 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 012010 passedby t his Court 4 9 1 was asked t o 1 an afSdavit 1t 1 4 t li t his reg Aflidavit has been flled 1 1 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 409 9 CWP No8583 of2009 4 25 I n t he aforesaid affldavit of t he 1 0 C C5 I Z I 08 r10 W2 Z m 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 in t he affldavit flled 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 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 ineligibI epersonshave been adm it t edunder carry on syst em I t 1S furt her not iced t hat received from t he st udent s fom vanous oft he cay on syst em I n respectt o ineligiblecandidat eswho were grant edadm issions under t he carry OI l syst em lt was t o t he t o concem ed aut horit iest o givet hem a specialchance I t lrt her m ent ioned t haton receiptof such requestfrom t he candidat es t heir cases for adm ission will 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 affldavit I t is accordinglym ent ionedlI l t he affldavit t hat in Vlew of t he aforesaid decision t he candidat eswho wit hdrew t heir wrlt pet lt lonswere glven specialchance t o clear t he first and second sem est erspapers along wit h 7 and 8 sem est ers Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 1 410 CWP 4 No8583 of2009 e26 3 t hey were grant edadm issions t o 7 and 8 Q 0 C Z C5 I Z t 08 m Z Cl sem est ers Even alller t hese writ 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 akebeneflt 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 111 all t he and has been appliedln a select ive way The had no knowledgeof such a decision and t hus t heycould not evenapplyseekingt hebenefit 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 edwrit who have wit hdrawn t heir writ pet it ionshave been grant edrelief and t he presentwrit havebeen deniedt he beneflt wit hout any lawful and valid reasons Even t hought he carry on syst emunder challenge111 t he presentwnt pet it ionsdeservesno int erferenceln view oft he law laid down by t he Apex Court 111 Puniab Universit y VS SubhashChander ad anot herand Puniab Universit vChandigarh Vs DevianiChakrat i and ot hers it can be said t hat t he decision t o int roduce on syst em m id course 1S in operat ion However t he fact rem ains t hat t he Universit yln lt s wisdom chose t o grant special chance t o Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh ineligiblecandidat es for clearingfirst and second sem est er JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 411 1 CWPN08583 of2009 27 a exam lnat 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 This act ion of t he Universit yis in law and lS an arbit raryexerclse of 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 of t he Universit ydo not suggestso Som e of 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 ineligibilit yunder t he canyon 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 specialchancegrant 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 m 0 C I C49 I Z C 08 m 3 Z t l 42 allowed in t he followingm annerl 0 Such of t he who have not availed specialchance for clearingfirst and second sem est ers reppear will be provided specialchancefor t he purpose i adm issions grant edt o t he t o 718 under t he int erim ordersof t his Court shall st and Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh sem est ers JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document CWP No8583 of2009 a iio result of t he 28 1 J 0 who have 718 exam inat ions shall be declared t hosewho have been denied adm issionsin 718 sem est ers account of nonclearance secondlt hird sem est ers shall be adm issiont o 718 sem est ers as t he case m ay be and on of t he course t heir result shall be declared v t his relaxat ion shall be available t o all st udent swho have reachedt h18t hsem est ers upt o academ icsession 20092010 or t ill sucht im e t he decision oft he Universit yt aken vide let t erNo1737 DAA dat ed01082008 shall rem aln I 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 t o t he st udent s 0804010 BLS 1 9 6PERMODKOHLO JUDGE Whet hert o be referredt o t he L YES 0 C I C5 I Z 5rm I 06 CiO e Z r 152 1 C CP 1 91 Parkash Om 2014.04.05 10: 44 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document