I nt he HighCourt ofPunj aband Haryanaat v. GuruNanak Dev Universit yand anot her

t he first t wo sem est ers but t here will be no condit ionfor prom ot inga st udentfrom t hird sem est er t o fourt h sem est er C 9However a st udent shall be prom ot edt o fift h sem est er only if he has passedat least 50I o oft he flrst four sem est er d1There will be no condit ion for prom ot inga st udentfrom fift h t o sixt ll sem est er e9 However a st udent shall be prom ot edt o sevent h sem est er onlyif he has passeda11t he oft he flrst t wo sem est ers 0 The st udent shall t o eight h 4e sem est er only if has passed all t he oft he flrst 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 afreshfrom 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 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh 87 CWP No8583 of2009 8 1 st udentwill not be requiredt o qualifyt he ent rance t est agaln 17 The aforesaidOrdinances cany on was furt her am ended by t he Syndicat e111it s m eet ingheld on 13122006 111 t he followingm annerl Present Heading ProposedHeadingl Carry on Syst emfor iii9 Carry on Syst emfor various 1sem est er exam lnat ions 6exceptlaw sem est er exam inat lons 6exceptLaw 1and Engineeringand TechnologyFacult ies and School of Social and School of Social Sciences vanous L 1 Vide t he am endm ent t he cany on syst emfor various sem est er exam inat ionswasm ade applicablet o t he andTechnologyFacult ies as well exceptLaw and School of Social Sciences However t he am endm ent was appliedfrom Session 20072008 The rt her int roducedt he am endm ent Ul t he carry of B Tech M Tech MCA and MBA 5 yearscourse vide it s decision dat ed 1 82008 wherebyt he cany on syst em was appliedin all t he exceptLaw and Schoolof Social Sciences for which t here are separat eOrdinances m C 0 Co Z C5 Z e 08 r 943 2 Clm 1Vee Vide t he aforesaid decision t he carry Oll syst emwas m ade applicablet o t heCom put erSciencec0 and Elect ronic by way of rt her clarificat ion of t he am endm ent int roducedvide I t em No23 ln t hem eet ing f t he Syndicat eheld on 05122006 The oft he decision dat ed Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh Ol082008 t he am endedOrdinancesGoverningt he carry JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 88 6 V CWP No8583 of2009 ee9m on syst emhas been appliedt o all t he coursesreferred t o hereinabove As a consequence of t he of cany 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 udentCaI l 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 ionis applicableAgainfor sem est er a st udentm ust pass at least 50 percent t o 4t h 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 hut 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 quali61all t he oft he flrst t hree t hereby a st udent will not be eligiblet o seek adm ission in 7 sem est er ifhe has any reappearor backlogof 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 m CC 0 C3 I C5 I I C Z 2 CL r j ClO 2 CL C reappearor backlogoffust 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 clariflcat ion issued vide order dat edOl 082008 1S illegaland ln cases of t he Wit h a view t o Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh t heir cont ent ion reliance is placedon t he Ordinance JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document m C 0 0 C I Z 0 06 00 e Z Ll 89 e0 CWP No8583 of2009 10 1 1 dat ed 141 12000 Annexure I l9 which wasln force at t he t im e of adm ission which onlyrequired40 per cent m arksof all t he papers in a sem est er of t he fact whet her a st udentfails ln one or m ore papers of t hat sem est ers I t is furt her cont ended t hat carry on syst emwhich was int roduced in t he Universit yCalendar 1999 701 I I I J 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 roduced pursuantt o t he decision oft he vide I t em No23 in t he m eet ingheld on 522006 cany on syst emfor t he and TechnologyFacult ies has been from Session 20072008 I t is subm iuedt hat Slnce t he adm it t ed ln t he year 2005 t his am endm ent1S againnot applicablet o t he havingbeen m ade operat ivefrom Session 20072008 as pert he cont ained in t he am endm entOrdinances it self I t 1S rt her t hat vide orderdat edOl 082008 P49 n herein t he am endm ent has been applied affect ed t he career t he Accordingt o t he leam ed counsel t he 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 Oll Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh t hose papers OI l priorit y Now aft er t wo years t he pet it ioners JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document m C1 0 c I C I Z W Lr I 08 ClO 4 n Z t l 90 Se CWP No8583 of2009 11 811 cannot be punishedfor not havingcleared t he paperst wo years I t is 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 ing t 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 eln a sem est er t he fact whet her a candidat ehas failed ln one or m ore oft he papers oft hat sem est er I n t he reply flled by t he t he has relied upon t he order dat ed Ol082008 whereby carry on syst emhas been appliedt o all t he lI l 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 flrstt wo sem est ers is ineligiblefor seekingadm ission t o 7 sem est er and a candidat ehavingreappear in flrst t hreesem est ers 1S t o seek adm issionin 8 sem est er I t is st at edt hat asa m at t erof fact order dat ed 01082008 is not an am endm entt o t he but onlyby way of clariflcat ion as previousOrdinances of 2000 were in t his regardand t hus necessit at eda clarificat ion I t is m ent ioned lll t he replyflled by t he Universit y t hat Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh som e t he who had reappear JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 91 l1 CWP No8583 of2009 e4 12 exam inat ionson t wo sem est ers were grant ed adm issiont o 7 sem est er subj ectt o clearanceoft he backog oft he flrst t wo sem est ers on t heir fllingof t he affidavit t hat in t he event of t he failure of t he candidat et o clear t he reappear of fust 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 ln 8 sem est er while lI l first t hree papers 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 of flrst 213sem est ers were in nat ure and could be cancelled on t heir failure t o clear t he backog When t hese pet it ionswere by t his Court filed int erim orders were 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 lI l t he exam inat ionsfrom t im e t o t lm e n C 0 0 C Z n r I 08 rL3 WAm Z Q c MrD Pat walia leam ed counsel for t he has however arguedt hat neit her t he Ordinances int roducingcarryingon syst em are ret rospect lve111nat urenor t he order dat ed 0108 2 008 can be const rued t o have His rt her cont ent ionis t hat t he Universit yis ent it led t o changet he rules even duringt he cont m uance oft he Course by a Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 1 t 0 C0 C I I r Z I 08 4 2 r 92 CWP No8583 of2009 t 4J 13 st udentas t he Universit ydoes not hold a prom iset o a st udent not t o changet he durat ion or t he m anner or m et hod of from one sem est ers t o anot her exceptchangingt he syllabusor a courseofst udyfor which a st udentm ay be ent it ledt o not lce 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 afflliat ingUniversit y byeaws t he condit ion of passingt he exam lnat lOnS ln a chance The st udent s who are t he course at t he t im e of int roduct ionof t he byelaws assailed t he act ion of leam ed SingleBench oft his Court held t he Universit y as followsl t he issue a 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 iil 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 bye4awswhich 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 dat e 35 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 93 e CWP No8583 of2009 14 1 C1 Reliance 1S also placedOI l 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 vof Healt h Sciences and ot hers 2007 629Sl 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 ion if t here is reappear lI l t he second exam inat ion 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 inat ions This Court t he quest ionheld as underl 7 The shortquest iont hat requiresdet erm inat ion 111 t his case is whet her t he is t o be by t he am ended or ut nended Ordinance The had been t o in t he 3 Professional exam inat ion held lI l AprilMay2005 I ft he originaldurat ion oft he 3 Professionalhad not been am ended t he had clearedt he reappearsof t he 2 Professional 1 and on t hat account t here was before him 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 is sufferingon account of t he wrong applicat ionof m 0 0 CA3 I C5 I Z r 08 r Pm o Z Qw t heam endedOrdinance in his case Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 1 1 94 b CWP No8583 of2009 15 9 Sincet he appellantis requiredt o be t reat edas 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 Professionalby Novem bereDecem ber2005 He reallycould not have any say ln fixingt he durat ion of t he 3 t he by am endm entln Ordinanceaft er he had j oinedt he course To rem edysuch a sit uat ion onlyperhapst he provision ofpara11 ofOrdinance candidat es adm it t edpriort o providedt hat 2001 will appear 111 afler t wo years of st udy I t can be not icedt hat t he has st udiedwit 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 needt o be m aint ained bet ween sim ilarlysit uat ed m 0 0 I C9 I Z t r 415 f1 m vA Z C3m C candidat esand t hat is what is soughtt o be achievedbyOrdinance above Weare 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 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh t o him 51 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 95 CWP No8583 of2009 41 1 16 07 To t he cont rary Mr DS Pat walia leam ed counsel for t he has reliedupon Puniab Universit y VsSubash Chanderand anot her 3 Suprem eCourt Cases 603 I n t his case t he had securedadm issiont o MBBS course lO t he year 1965 The exist ing required m inlm um of 50 per cent m arkst o 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 ernalassessm entif a candidat efails in one or m ore I n t heyear 1970 an am endm entwas m adein t he rules and t he award of grace m arks was conflned 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 gracem arks of one percentwas conflnedt o each subj ectand not 1 t r 0 C0 I C I Z m 0 4 I c6 aO 3 Z 1 t o of all subj ect sThe pet it ionerwho was a st udentof MBBS was failingln He claim ed grace m arks on t he rules but he was awardedgracem arkson t he 44hr 1 basis of t he rules which dit lot i prove beneficialt o him 1 1 He t he sam ein t he I ll FullBench oft his Court allowedt he I l I l 1l rules pm valentat t he Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh 1 and HaryanaHighCourt A e 1 9 141 1 A 1 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 96 1C1 CWP No8583 of2009 ee17 applyand t he am ended rules cannot be applied t o t hedet rim entoft he candidat es Honble t he Suprem eCourt while t he 1SSue held as underl t Q 0 C I C5 I Z m Q I 08 CQ 4t k Z Om 11 We do not agree wit h t he I eam ed Judgesof t he Full Bench oft he HighCourt t hat t here is any elem entof 111 t he changebroughtabout by t he addit ionoft he t o Rule 2l oft he Calendar for 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 t o Rule 2 l does not say t hat it shall be wit h effect from any earlier dat e I t obviously I t is not possiblet o hold t hat it is 111 m erely because t hough int roducedin 1970 it was appliedt o SubashChander 1 who for t he final exam inat ion in 1974 aft er he had j oinedt he course earlier in 1965 No was m ade orcould be deem ed t o have been m ad t o him at t he t im e of his adm ission in 1965 t hat t herewill 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 ionor award of grace m arks and t hat t he t heret o which were in force at t he t im e of Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh he flnishedhswhole course 3 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 97 9 CWPNo 8583 of2009 18 12 Therorewe are clearlyoft he opiniont hat t here1S of t he changein t he rule m ade in t he year 1970 m erelybecause it was appliedin 1974t o SubashChanderwho hadj oined t he MBBScourse in 1965 when t he rule of grace m arks was different I n t hese circum st ances we affinn t heview of D1C Mahaj anand P Jain JJ int he DivisionBench in SewaRam v Kurukshet ra byt he and disapprovet he view t aken learnedJudgesof t he Full Bench in t he decision in t his case and hold t hat t he Universit y rightinholdingt hat SubashChander 1 16grace m arks under t he old rule was not ent it ledt o butwas ent it ledt o only4 m arksunder t he new rule and had t herefore not passedt he exam lnat lOll 111 We allow t he appealbut wit hout any order as t o cost s t his decision will not affect t he result of t he exam inat ion of Subash Chander lll if it had been declaredas per t he direct ionof t he Judgesoft he Full Benchin t he Let t ersPat ent m C 0 C3 I C Z Z L Z 08 03 t 2 2 I l 94e Appea53 The aforesaid was followedby anot herBench t he Suprem e in t he case Puniab Universit y ChandigarhVs De and ot hers 3 Suprem e Court Cases 612wherein it has been held as follows Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 1 0 C I C I Z I 08 W7 2 Clw 98 6 C7 1 CWP No8583 of2009 9 I n t he presentcase also t he new decisions are prim a facie in operat ionand 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 6 allow t hese appealsbut wit hout any order 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 decision will not affect t he rightwhich m ight have been grant edt o t he pet it ionersin t he writ on t he basis oft he High Courtwhich have been reversedin t hese appeals55 A sim ilar issue cam e t o be considered by a Division Bench of t his Court 111 t he case of Rahul Gupt a Vs St at e of Haryana2000 649SCT 1099 wherein SubhashChanders case has been relied upon and it has been held as under 4 We have heard learned counsel for t he part ies and are of t he view t hat t here is no m erit in t he writpet it ionsThe onlyargum entadvancedby t he counsel for t he is 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 Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh t hecourse in t he academ ic session 199798 had t 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 99 CWP No8583 of2009 P 20 t he sam e He has placedreliance on Full Bench of t his Court in Am ardeep SinghSahot av St at eofPuniab et c 1993 41SLR 673 1993 41 SCT 328 Pc Hl 3l and Singhand anot herv St at eofPuniab and ot hers1998 21 SLR 14 1997 41 SCT 511 3 8 H1 FBI We are unable t o agree wit h t he cont ent lon of t he pet it ionerFrom t he st andt aken by t he decided it 1S clear t hat t he com pet ent in t he year 1995 t o revise t he curriculumof Elect ronics and Com m unicat ion Course t o 3112 years consist ingof 7 sem est ers The7 sem est er includest he inolant and t he m arks awardedt o a candidat e111 t hist raininghave t o be included in t he diplom a t o I t is 61rt her clear t hat t he Direct orTechnical Educat ion Haryanaby his dat ed180995 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 increased t o 3112 YearSand t hatt he revised curriculumwas t o be wit heffect from t he academ ic session 199596 What was t hat when t he prospect uswas issuedfor t he academ ic session 199788 t here t herein and t he durat ion 1 Z JOYTI RANI 2016.03.28 10:57 I l I attest to the accuracy and integrity of this document k 1 11 5 0r0 1 n C 0 C3 I 9 Z Z V 0 I 08 Clo 4 WAr Z Clm Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh 400 eJ CWP No8583 of2009 21 of t he course was shown t o be of 3 years When t his error was not iced t he Dlrect 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 lng educat ionin Elect ronics and Com m unicat ion Course t hat t he revised curriculumwas t o wit h effect from t he academ ic session 199596 This is not a case where t he durat ion of t he course The durat ion was changedm icream t he course had alreadybeen increasedt o 3 112years in t he year 1995 and t he pet it loner1S onlyt ryingt o t ake advant ageof t he errort hat creptin t he oft he prospect us fort he academ icsession 1997a98 We are 61rt her of t he view t hat even a8er t he com m encem ent of t hecourse which was earI ier3 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 SubashChander 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 oint hat course t he aut horit ies m ake no prom ise t hatt here would be no alt erat ion of t he durat ion and t hatt he Rules in regardt heret owhich were in C 0 0 I C I Z m Q I 08 Cfl C Z CL 4em Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh 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 1 0 C I C5 Z m 0 Z O8 Cil 2 Z I l 401 11 CWP No8583 of2009 2 be appliedunt il t he whole course is Snished I n t he case before us as alreadyobserved t here was oniyan error t he publicat ionof t he prospect us on t he basis of 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 st ret chingover 7 sem est ers even before t he j 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 it olant t rainingin t he 7 Sem est er t he m arks obt ained by him in t hat t raining wouldbe t aken int o account before t he diplom a1S awardedt o him 33 Anot herDivision Bench of t his Court in t he case of Bhargoand ot hersVs Baba Farid Universit 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 No3 in t he year 2000 and at t hat pointof t im e t he said collegewas affiliat ed wit h Guru Nanak Dev Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh Universit ybut lat er on on const it ut ionof 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 402 r6 1 1 CWP No8583 of2009 23 C2 0 C3 I C5 I Z m C t Z 5 LZO W2 Z collegecam e t o be affiliat ed wit h Baba Farid in March 2001 For a periodof som e t im et 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 on Baba FaridUniversit yof Healt h Sciences fram ed it s 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 The by old have cont inued wit h t heir st udiesunder t he new They of Baba Farid in t heir BAMS exam inat ion held t he m ont h of 2006 I n t hese circum st ance 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 Concededly t he regulat ionsl ordinancesof Baba Farid Universit y do not cont ainany provisionof grace m arks as claim ed byt he pet it ionersThe cannot cI aim t o have acquiredany vest ed right s m erely on accountof t he fact t hat at t he t im e of adm ission Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh t hey were by Guru Nanak Dev JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 403 l1 CWPNo8583 of2009 24 c31 We do not find t hat t he m ade by t he t hat a has been given t o t he ordinanceof Baba Farid Universit yis j ust ified As a m at t er of fact t he case in hand is squarely coveredbyt he SubashChanderscase supra991 oft he Suprem eCourt lI l I n view of t he dict um of t he aforesaidj udgm entof t he HonbleSuprem eCourt Hawaldar Singhs in t he cases of SubashChanders and t wo Division Benches t his Court in Rahul Gupt aand Bhargoscases t he int roduct ion of t he cany on syst emcannot be said t o lI l operat lOllSO longit was appliedt o t he exam inat lons held aft er carry on syst emSO applied The are not at all ent it led t o invoke eit her t he doct rine of t he I t has been cont endedon behalfof t he t hat C 0 C3 I C5 I Z m Ct e I 08 Qo 2 a t wo nam elySim ranj itKaur and Am it Bhardwajwho V4W had also flled writ have been t o appear in t he next sem est ers exam inat ions aft er t he writ pet it ionswere Vide order dat ed 01022010 passedby t his Court MrPat walia asked t o file 1 afdavit 111 t his rega I le d 0 I 4 Affidavithas been flled Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh I n l eS 1 1590 1 0 7 C 4 02 1 e I r 15 5 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 404 I ll 0 1a CUTPNo 8583 of2009 a25 I n t he aforesaidaffldavit of t he 1 I r 0 C I C 4 Z m l 06 r 2 Llm aboutdeclarat ion of result of t hree candidat esnam ed abovewho wit hdrew t he writ t o t he next sem est er have been adm it t ed I t 1S st at ed 111 t he affidavit flled by t he t he Guru Nanak Dev Universit yt hat t he m at t er relat ingt o on syst emwas consideredby 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 uniform t he carry on syst em was not clear but cert ain personshave been adm it t edunder cany on syst em I t is hlrt hernot iced t hat receivedfrom t he st udent s from various I n respectt o oft he cany on syst em ineligiblecandidat eswho were adm issions under t he cany on syst em lt was 1e12t o t he t o concerned t o givet hem a specialchance I t is furt her m ent ioned t haton receiptof such requestfrom t hecandidat es t heir cases adm issionwill be considered ln specialt erm Se A copy of t he decision of t he Com m it t ee is also enclosed alongwit h t he affdavit I t is m ent ionedin t he afdavit t hat ln vleW of t he aforesaiddecisiont he candidat eswho wit hdrew t heir writ pet lt lonswere glven chance t o clear t he flrst and second papers along wit h 7 and 8 sem est ers Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 405 4 CWP No8583 of2009 26 t hey were grant edadm issionst o 7 and 8 sem est ers Even aft er t hese writ pet it ionswere reserved for j udgm entsom e have been filed on behalf of som eof t hewrit t o wit hdrew from t he writ pet it ionobviously t o t ake benefit of t he Universit ysOW11 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 in all select ive t he and has been appliedln a The had no of such a decision and t hus t heycould not even applyseekingt he beneflt of t he decision I t is a m at t er of concern f4 t his Court t o not e t hat sit uat edwrit who have wit hdrawn t heir writ have been grant edrelief and t he presentwrit havebeen deniedt he benefit wit hout any lawful and valid reasons Even t he cany on syst em under challenge111 t he presentwnt deserves no int erferencein view of t he law laid down by t he Apex Court in Puniab Universit y Vs Chander and anot herand Puniab Universit v Chandigarh Vs Deviani Chakrabart iand ot hers it can be said t hat t he decision t o int roduce m id course 1S ret rospect ive111 However t he fact rem ains t hat t he 0 0 I C I Z w C I 045 r e m eeo Z Qm Universit y111 it s wisdom chose t o grant special chance t o Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh candidat es for clearing first and second sem est er JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 406 5 4 CWP No8583 of2009 27 exam inat lons and also grant edadm ission t o 7 and 8 sem est ers wit hout clearingt he backlogpapers This decision has been appliedselect ivelyand not uniform allyThis act ionf t he Universit yis in law and ls an arbit raryexerciseof power deservesno The Universit yas an I nst it ut ion has t o act in an I lOlarbit rarym 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 ers despit et heir ineligibilit yunder t he cany on syst emwhereas ot hers have 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 ledt o t he specialchance grant edt o ot her sim ilarlysit uat ed st udent sfor clearingt he papers of flrst and second sem est ers on uniform pat t ern Their rightt o adm ission t o 718 sem est ers cannot be denied t o t hem These allowed in t he followingm anner i Such of t he who have not availed specialchance for clearingfirst and second sem est ers reppear will be provided 0 0 0 I Z 5t I c6 Cl2 m m 2 L i specialchance for t he purpose adm issions grant edt o t he undert he int erim orders oft his Court shall st and Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh t o 718 sem est ers JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document CWPNo8583 of2009 28 iii9 result of t he who have 7lI h 5 sem est ers exam inat ions shall be declared t hose who have been denied adm issionsin 718 sem est ers account of noleclearance of secondlt hird sem est ers shall 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 all st udent swho have reached 718 sem est ers upt o academ icsession 20092010 or t ill sucht im e t he decision oft he Universit yt aken vide let t er No1737 DAA dat edOl 082008 shall rem aln ln operat ionI t is however m 0 0 I C9 I 4t Z t I 045 C13 opent o t he Universit yt o uniform allyapplyt he carry on syst emt o t he disciplinescovered by cany by properly m e Z c 1 Ol 1 15 2Y CP t o t he st udent s 08042010 BLS 1 PERMOD KOHLI JUDGE e Whet hert o be referredt o t he L YES v9Y crI Radhika 2014.03.28 14: 42 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document