VS Guru Nanak Dev and ot hers 3 CWPNo11867 of2009 Naveen Singh v. Guru Nanak Dev and anot her 4 CWPNo277 of2009 Singh VS Guru

st udentfrom first sem est er t o second sem est er b9However a st udentshall be t o t hird sem est er only if he has passedat least 500I o of t he 6rst 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 However a st udent shall be prom ot edt o fift h sem est er only if he has passedat least 500I o oft he flrst four sem est er d9 There will be no st udentfrom fift h t o sixt h sem est er condit ion for e9 However a st udent shall be a t o sevent h sem est er only if he has passedall t he oft he first t wo sem est ers f The st udent shall be prom ot edt o eight h 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 passfailingwhich he shall have t o st art t he course afresh from t he flrst sem est er However such a JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 90 1 4 4 CWP No8583 of2009 e st udentwill not be requiredt o quali6rt he ent rance t est agaill 15 The aforesaidOrdinances6canyon was 6lrt her am endedby t he Syndicat ein it s m eet ingheld on 13122006 lI l t he followingm annerl m PresentHeadingl ProposedHeading1 0 Cm 3 C9 I Z a 1 I 08 S Z Q Carry on Syst emfor VarlOUS iiil Cany Oll Syst emfor sem est er exam inat lonS 6exceptlaw sem est er exam lnat ions 6exceptLaw of Social Facult ies and School Facult ies and School of Social Sciences vanous Sciences Vide t he am endm ent t he cany on syst emfor various sem est er exam inat ions 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 2007e2008 The Universit y6lrt her int roducedt he am endm ent ln t he cany on syst emof B Tech M Tech MCA and MBA 5 years course vide it s decision dat ed l 82008 wherebyt he c on syst em was appliedlI l all t he except Law and School of Social Sciencesfor which t hereare separat eOrdinances t ennn0 Vide t he aforesaid decision t he carry on syst em was m ade applicablet o t he Com put erScience and Elect ronic Technologyby way of furt her clariflcat ion of t he am endm ent int roducedvide I t em No3 t he m eet ingof t he on 05122006 The oft he decision dat ed Ol082008 wherebyt he am endedOrdinances Govem ingt he cauy JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 91 t rP CWP No8583of2009 5 1 L 0 C CD Z m ct 4 ClQ rWAV Z r on syst emhas been appliedt o all t he coursesreferred t o herenabove As a consequence oft he of carry on syst ema st udent can be from flrst sem est er t o second sem est er wit hout any condit ion However such a st udentcan be t o t hird sem est er if he has passedat least 50 per cent of t he First t wo sem est ers For prom ot iont o 4 sem est er no condit ion 1S Againfor prom ot iont o 5 sem est er a st udentm ust pass at least50 per cent t he flrst four sem est ers Again for from 5 t o 6 sem est er lS wit hout any condit ion For prom ot iont o 7 sem est er a furt her em bargo1S creat ed t hat t he st udent m ust pass all oft he flrst t wo sem est ers Sim ilarlyfor t o 8 sem est ers a st udentm ust quali67all 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 reappearor backlogof 6rst t wo sem est ers Sam e eligibilit ycondit ion will applyfor prom ot iont o 8t hsem est er and if t he st udent has a reappear or backlogofflrst t hree sem est ers he is ineligiblet o seek adm issionin 8 sem est er The grievanceof t he 1S t hat t he am endm ent int roducedor t he clarificat ion issuedvide order dat ed01082008 1S illegaland ln cases of t he t o supportt heir cont ent ion reliance is placedOI l 41 Wit h a vlew t he Ordinance JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 92 1 0 Ll d 1 CWPNo8583 of2009 10 dat ed 141 12000 64nnexurePl9 which was lI l force 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 ilnher cont ended t hat carry on syst emwhich was int roduced 111 t he Universit yCalendar 1999 6Vol I I I has no t o t he and TechnologyFacult ies Law and School of Social int roduced pursuantt o t he decision of t he Syndicat evide I t em No23 lll 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 Slnce t he adm it t ed lI l t he year 2005 t his am endm entis againnot applicablet o t he havingbeen specificallym ade operat ivefrom Session 2007m 2008as per t he cont ained in t he am endm entOrdinances it self I t 1S hlrt her cont endedt hat vide order dat ed01082008 exure P4J m 0 C C5 I Z 2 I C45 CO W2 Z Qm C herein t he am endm enthas been applied which has adverselyaffect ed t he career t he Accordingt o t he learned counsel for t he had t he known t hat t heywould be requiredt o clear all t he 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 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 0 0 I C5 I Z 1 I 08 Ct O m 7 Z t l 93 eP d CWP No8583 of2009 11 cannot be punishedfor not havingcleared t he papers t wo years I t 1S t he case of t he t hat t he of t he rules is when it t akes any of t he rightof t he hit her t o available ln 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 111aggregat eln 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 01082008 whereby carry on syst emhas been appliedt o all t he in t he exceptLaw and courses School of Social Sciences These t wo courses beinggovem edby separat eOrdinances I t 1S 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 111flrst t hree sem est ers 1S ineligiblet o seek 8dm issionin 8 sem est er I t is st at edt hat as a m at t er of fact order dat edOl082008 lS 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 t he who had reappear JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 94 CWP No8583 of2009 12 exam inat ionsOll t wo sem est ers were grant edprovisional adm issiont o 7 sem est er subj ectt o clearanceoft he backogoft 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 cI eart he reappear of first t wo sem est ers t he adm ission t o 7 sem est er could be cancelled Sim ilar affldavit s were flled by t he securedadm ission 111 8 sem est er while 111flrst t hree sem est erspapers I t is subm it t edt hat all t he adm issionst o 7 and 8 sem est ers in respectt o t he candidat eswho had backog of first 213sem est ers were provisionalin nat ure and could be cancelled on t heir failure t o clear t he backelog When t hese pet it ionswere filed int erim orders were passedby t his Court in CWP No8583 of 2009 OI l 292009 allowingent ryin 8 sem est er Sim ilar ordersWere passedin ot her writ pet it ionspennit t ingt he t o seek adm 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 MrD Pat walia leam ed counsel for t he has however arguedt hat neit her t he Ordinances canylng on syst emare 111nat ure nor t he order dat ed Ol082008 C810 be const rued t o have m Ct 0 C 0 I Z 1 I 08 0 w Z CL c operat lOI lHis 8lrt her cont ent ionis t hat t he Universit y1S ent it led t o changet he rules even duringt he cont inuance oft he Course by a JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 95 1 e 1 CWP No8583 of2009 13 st udentas t he Universit ydoesnot 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 syllabusora 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 639 Recent Services 407 I n t his case t he affiliat ingUniversit y t he condit ion of passingt he exam inat ions m 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 t he learnedSingleBench oft his Court held as followsl t he issue a I t has beenlaid down in t he above referred t wo aut horit ies t hat t he which are at t he t im e a st udentt akes adm issionin t he consolidat edcourse would keepon applying of any am endm entt 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 byelawswhich were on 16 August 1986 t o t he st udent swho had got adm issionin t he BAMS course lI l t he first year prior t o t hat dat e 15 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document m 0 C C5 I Z 2 0 I 06 w Z 4 1 0 C40 I C5 Z t r c6 r11 2 Z t l 96 1 4 CWP No8583 of2009 14 Reliance is also placedon anot her Division Bench j udgm entoft 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 SL 330 I n t his case also t he rules for BAMS course am ended The am ended rules adm issiont o flnal exam inat ionif t here lS reappear111 t he second exam inat ion The pet it ionert herein had rem appearln second t houghhe was grant edadm ission t o t hird sem est er but not t o appear 111t he exam inat ions This Court t he quest ionheld as underl 7 The short quest iont hat requiresdet erm inat ion t his case is whet her t he appellantis t o be governed by t he am ended or um ended Ordinance The appellanthad been perm it t edt o appearin t he 3 Professionalexam inat ionheld 111 AprilMay2005 I ft he originaldurat ionoft he 3 Professionalhad not beenam 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 111 t he flnal exam inat ion t hen t o be held lll Novem ber Decem ber 2005 As per t he appellanthe 1S sufferingon account of t he wrong applicat ionof t he am endedOrdinance in his case JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 97 14 CWPNo583 of2009 15 71 9 Since t he is requiredt o be t reat edas t o bat ch of year 2000 as already not iced t heprovisionofpara11 would also com e t o his rescue When t he appellantj oinedt he course he was ent it ledt 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 111flxingt he durat ionof t he 3 by am endm entin t he Ordinanceaft er he hadj oinedt he course To rem edysuch a sit uat iononlyperhapst he provision of para 11 of Ordinance candidat es providedt hat adm it t edpriort o 2001 will appear lI l be not iced t hat t he aft er t wo yearsof st udy I t can 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 edcandidat 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 weensim ilarlysit uat ed candidat esand t hat 1S what is soughtt o be achieved byOrdinance above We are t hus oft he view t hat unam endedOrdinance would govem t he case oft he appellantand t he provisions t he am ended Ordinance cannot applicablet o him 53 be m ade JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 0 0 I C I Z L 08 m 2 Z CL C 98 J CWP No8583 of2009 16 To t he cont rary Mr DS Pat walia leam ed counsel for t he has relied upon Punj abUniversit v Vs SubashChander and anot her 3 Court Cases 603 I n t his case t he had securedadm issiont o MBBS course m 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 wasa ruI e for grant of grace m arks upt oone of t he t ot al aggregat em arksincludingm arksfor Pract ical and int ernalassessm ent if a candidat efails in one or m ore I n t he year 1970 an am endm entwas m adein t he rules and t he award of grace m arks was confined t o t ot al m arks excludingt he m arks for int em al assessm ent Where a candidat efails ln one or m ore 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 conflned t o each subj ectand not t o aggregat eof all subj ect sThe pet it ionerwho was a st udentof MBBS was failingin one paper He claim ed grace m arks on t he basis ofunm ended rules but he was awardedgrace m arkson t he 42a41 2 i 1i 6er F basisof t he am endedrules whicllot t l l prove beneflcial t o him 1 11 11 r He 1 t l sam e in t hePunj abandHaryanaHigh Court A oft his Court allowed t he writ peon holdingt hatt he rulesprevalentat t he t im e oft he adm ission ft heI st udent ouM7 0I llil JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document e 1 32 I F L 0 C I C I Z m r 08 m V2 Z r1 0 1 99 1 CWP No8583 of 2009 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 lSSue held as under 11 We do not agree wit h t he learnedJudgesoft he Full Bench oft he HighCourt t hatt hereis any elem entof t he changebroughtabout by t he addit ionof t heexcept iont o Rule 2 oft he Calendarfor t he year 1970 Oxford English St at ut es accordingt o t he Short er Third Edit ion in relat iont o et c m eans Operat ivewit h regardt o pastt im e The changebroughtabout by t he addit ion of t he except lon t o Ruie 2l does not say t hat it shall be operat lve wit h effect from any earlier dat e I t 1S obviously I t is not possiblet o hold t hatit is ret rospect iveln operat ion m erely because t hough int roducedin 1970 it was appliedt o SubashChander 1 who appearedfor t he final exam inat ionin 1974 at ler he hadj oinedt he course earlier in 1965 No prom ise was m ade or could be deem edt o have been I nad t O him at t he t im e of his adm issionin 1965 t hat t herewill be no alt erat ionof t he rule or regulat ionlI l 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 owhich were ln force at t he t im e of his adm issionwould cont inue t o be appliedt o him unt il hefinishedhiswholecourse I l JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 6Wz Ot D I Ol 3 m m m z I lS 2C 41C 5W2 011 GI 6 r4 w 125 I l 400 L1 4 i CWPNo8583 of2009 8 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 in 1974 t o SubashChanderwho hadj oined t heMBBS course in 1965whent he rule of grace m arkswas different I n t hese circum st ances affirm t he view of DK Mahaj anand P Jain JJ in t heDivision Bench j udgm entin Sewa Ram V Kurukshet ra and disapprovet he view t aken t he leam ed Judgesof 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 ledt o 16 grace m arks under t he old rule was ent it ledt o only4 grace m arksunder t he new rule and had t herefore not passedt he exam lnat lon 111 MidwiferyWe allowt he 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 if it had been declared as per t he direct ionof t he learnedJudgesoft he Full Bench in t he LeUers Pat ent Appea99 The aforesaid followed by anot herBench t he Suprem eCourt t he case Puniab Universit y Vs DevianiChakrabart iand ot hers 3 CourtCases 612 wherein it has been held as followsl JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document m 0 0 I C5 I Z Z 08 CO A7 Z C c t P 1 401 CHTPNo 8583 of2009 19 1 1r 0 C C Z Z 06 flO m no Z aA I n t he presentcase also t he new decisions are prim afacie not becom e and t heydid m erelybecause t hey appliedt o st udent swho had already st art ed t heir educat ional careers We t herefore allow t hese appealsbut wit hout anyorder as t o cost s and set aside t he 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 t he writ pet it ionson t he basisoft he j udgm ent soft he High Court which have been reversedin t hese appeals A sim ilar issue cam et 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 49SCT 1099 wherein SubhashChanders case supra has beenrelied upon and it hasbeenheld as underl 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 ln 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 changet he durat ion t ill t he st udent s who j oined t he course in t he academ ic session 199798 had JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document i Q 0 C0 I Co I Z 0 I 08 0 W3 2 Cls 402 1 CWPNo8583 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 11 SCT 328 P85 H1 FBl and SwaraniitSinghand anot herv St at eofPuniab and ot hers 1998 21SLR 1401997 41SCT 511 1P Hl FBl We are unable t o agree wit h t he cont ent iOll 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 1995 t o revlse t he curriculum of Elect ronics and Com m unicat ion Diplom aCourse t o 3112 yearsconsist ingof 7 sem est ers The 7 sem est er includes t he ineplant t rainingand t he m arks awardedt o a candidat ein t his t raininghavet o be included in t he diplom a awarded t o I t is furt her clear 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 happenedwas t hat when t he prospect uswas issued for t he academ ic session 199798 t here inadvert enterror t herein and t he durat ion JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document e i 11 t 4 I l I i 471 I t 1 11 403 m e 4 CHTPNo 8583 of2009 e21 m C 0 C I CS0 I Z C 08 Z t l eeeeev 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 ion Haryanasent anot her com m unicat ion t o all t he Principalsof t he I nst it ut es im part ing educat ion in Elect ronics and Com m unicat ion Diplom aCourset hat t he revised curriculum wast o wit h effect from t he academ ic session 199596 This is not a case where t he durat iot iof t he course was changedm idm st ream The durat ion of t he course had alreadybeen increasedt o 3112 years in t he year 1995 and t he is onlyt ryingt o t ake of t he t hat creptin t he oft he prospect us for t he academ ic session 199798 We are 61rt her of t he view t hat even aft er t he com m encem ent of t he course which was earlier 3 years it was open t o t he com pet entaut horit yt o changet he durat ion by t he Rules as hasbeen observed byt heir Lordshipsof t he Suprem eCourt 111 Panj ab Universit yv Subash Chander and anot her AlR 1984S1415 When a course st ret chingover a periodof 3 years com m ences and 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 and t hat t he Rules in regardt heret owhich were force at 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 404 j CWP No583 of2009 22 be appliedunt il t he whole COUrSe lS finished 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 basisof which t he presentpet it ionhasbeen flled We are sat isfledt hat t he durat ionof t he course had been ext ended t o 3e112 years 7 sem est ers even before t he pet it ionerj oinedt he sam e m at t er t he pet it ionerwho has cleared t he 6 I n t his view of t he sem est er exam inat ion did not becom e eligiblefor adm issiont o t he course He is yet t o com plet et he inplantt rainingin 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 he diplom a1S awardedt o him 57 Anot her Division Bench of t his Court in t he case of AkashdeepBhargoand ot hersVs Baba Fid Universit vofHealt h Sciences and ot hers 2007 629ST 139 has observed as follows 1 0 The fact s as not iced above clearlyshow t hat t hepet it ionershad beenadm it t edin BAMS course in t he CollegerespondentNo3in t he year 2000 and at t hat pointof t im e t he said collegewas afflliat ed wit h Guru Nanak Dev r 0 C3 I C Z 2 0 I 08 CCl n Z Ll 4m 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 a 1 405 1 j CWP No8583 of2009 23 1 Lr 0 C I C49 Z C Z 06 CO e m 2 Z Clm 14 collegecam e t o be afflliat ed wit h Baba Farid Universit yin March 2001 For a periodofsom e t im et he old of Guru Nanak Dev were m ade t o t he st udent swho were alreadyadm it t ed but lat er on Baba Farid Universit yof 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 governedby old The pet it ionershave cont inuedwit h t heir st udiesunder t he new of Baba Farid Universit y Theyhave appeared111 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 ordinancesof Baba Farid 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 t he ordinances of Baba Farid do not cont aln 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 erely Oll account of t he fact t hat at t he t im e of adm ission t hey were governedby Guru Nanak Dev JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 406 63 1 J CWP No85830f2009 24 regulat ionsWe do not flnd t hat t he gnevance 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 111hand is coveredbyt he j udgm entof t he Suprem eCourt in SubashChanders case supra 11 I n view of t he dict 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 lll Rahul Gupt aand Bhargoscases supra t he int roduct ion of t he carryon syst emcannot be said t o 111 operat ionSo long it was appliedt o t he exam inat ions held alt er carry on syst em So 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 ended on behalf of t he t hat 1 0 C I C5 I Z r 06 QO 4 2 Z r t wo nam elySim ranj itKaur and Am it Bhardwajwho eVV 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 0102 2 010 passedby t his Court MrPat walia 1 1 asked t o Sle affldavit r I e Affldavit has been flled 1V 11 1 t his regard 1 4 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 1I 3nM517e 5 n t Oe 7 I m VSAWW 85r 475 407 1 1 J CWP No583 of2009 25 I n t he aforesaid affidavit of t he m 0 C I C5 I Z 08 m Z Cln about declarat 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 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 iuee not iced t hat Slnce t he posit ionwit h regardt o t he uniform t he carry on syst em was not clear but cert ain ineligiblepersons have been adm iuedundercanyon syst em I t is lrt her not iced t hat received from t he st udent s from various oft he cany on syst em I n respectt o ineligiblecandidat eswho were grant edadm issions Under t he cany on syst em lt was t o t he t o concem ed aut horit iest o givet hem a specialchance I t is furt her m ent ioned t haton receiptofsuch requestfrom t he candidat es t heir cases for adm ission will be considered lI l speciaIt 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 ionedin t he afSdavit t hat ln vlew of t he aforesaid decision t he candidat eswho wit hdrew t heir writ pet lt lonswere given specialchance t o clear t he flrst and second sem est ers papers along wit h 7 and 8 sem est ers JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 1 1 408 9 C3 m Ct 0 C I C I Z m Q r 08 OO C 2 Z Qm CWP No8583of2009 26 t hey were grant edadm issions t o 7 and 8 sem est ers Even aRer t hese writ pet it ionswere reserved for j udgm entsom e have been flled on behalf of som e of t he writ t o wit hdrew from t he writ pet it ionobviously t o t ake beneflt oft he own 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 lI l all t he and has been appliedln a select ive waYe The had no of such a decision and t hus t heycould not even applyseekingt he benefit 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 edwrlt who have wit hdrawn t heir writ pet it ionshave been grant edrelief and t he presentwnt have beendeniedt he benefit wit hout any lawful and valid reasons Even t hought he cany on syst emunder challenge111 t he presentwrit pet it ionsdeservesno int erferencein view of t he law laid down by t he Apex Court in Puniab Universit v Vs SubhashChander and anot her and PuniabUniversit yChandiprh Vs DevianiChakrabart iand ot hers6supranor it can be said t hat t he decision t o int roduce cany on syst em m id course lS in operat ion However t he fact rem alns t hat t he Universit y111lt s wisdom chose t o grant special chance t o ineligiblecandidat es for clearingflrst and second sem est er JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 409 CWP No8583 of2009 27 exam inat ionsand also grant edadm ission t o 7 and 8t h sem est ers wit hout clearingt he backlogpapersThis decision has been applied and not This act ion of t he ln law and 1S 811 exerciseof power deservesno The as an I nst it ut ion t has t o act ln an nonrbit rarym anner providingequal 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 beneflt of specialchance and adm issionst o t he highersem est ersdespit et heir ineligibilit yunder t he cany on syst emwhereas ot hershave been deniedsim ilar relief I n Vlew t he above circum st ancest he cannot be t reat ed and wit h host ilit yTheyshall also be ent it led t o t he specialchance grant edt o ot her sim ilarlysit uat ed st udent sfor clearingt he papers of rst 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 3 0 2I C C5 Cl 10 225 2ll 8lE 4 5 0 4 m lt ll 11 Zlll e allowed in t he followingm anner i9 Such of t he who have not availed specialchance for clearingflrst and second sem est ersreppear will be provided specialchancefor t he purpose adm issions grant edt o t he under t he int erim orders oft his Court shall st and regularised t o 718 sem est ers JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document l 3 11 CWP No8583 of2009 28 iio result of t he 1 who have lI l 718t h sem est ersexam inat ionsshall be declared t hose who have been denied adm issionsin 718 sem est ers account nonclearance secondlt hird sem est ers exam inat ionsshall be grant edadm issiont o 718 sem est ers ast he case m ay be and on of t he course t heir result shall be declared9 v t his relaxat ion shall be available t o all st udent swho have reachedt h18t hsem est ers upt oacadem icsession 20092010 or t ill such t im et he decision oft he t akenvide let t erNo1737 DAA dat edOl082008 shall rem ain in operat ionI t is however opent o t he t o applyt he carry on syst emt o t he covered by cany on syst em by properly not i67ingt o t he st udent s 08042010 BLS 1 PERMOD KOHLI JUDGE Whet hert o be referredt o t he L S m l 0 0 I C5 Z 2 C I 14 1 Z Qw 07 51e dvP5 1 V5 1lsA 1 01 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document