0804 1 CHTPNo5830f2009 C9 Od r0 Cle Sam rit iShannaand ot hers v. GuruNanak Dev Universit yand anot her Pet it ioners 2 CWP9218 of2009

st udentfrom first sem est er t o second sem est er b9However a st udent shall be prom ot edt o t hird sem est er only if he has passedat least 50I o t he flrst 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 50I o oft he flrst four sem est er d9There will be no condit ion for prom ot inga st udentfrom fiflh t o sixt h sem est er e9 However a st udent shall be prom ot edt o sevent h sem est er onlyif he has passedall t he oft he flrst t wo sem est ers 0 The st udent shall be prom ot edt o eight h sem est er only if has passed alI t he of t he Orst t hree sem est ers ARer 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 91 7 CWP No8583 of2009 8 st udentwill not be requiredt o quali61t he ent rance t est again 25 The aforesaidOrdinances6canyon rt her am endedby t he Syndicat ein it s m eet ingheld OI l 1322006 t he followingm anner Present Heading ProposedHeading eeeeeeeeeeeeee Carry on Syst emfor various 6iii9Carry on Syst emfor varlOUS 1sem est er exam inat ions except law sem est er exam inat lons 6exceptLaw of Social 1and Engineeringand TechnologyFacult ies and School Facult ies and School of Social Sciences L 1Sciences9 Vide t he am endm ent t he cany on syst emfor various sem est er exam lnat ions was m ade applicablet o t he Facult ies as well exceptLaw and School of Social Sciences However t he am endm ent was appliedfrom Session 20072008 The Universit y8ut her int roducedt he am endm ent ln 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 Sciencesfor which t here are separat eOrdinances i Lr 0 0 C5 I 4 Z n r 06 13 WA3 Z Qm 4 Vide t he aforesaid decision t he carry on syst em was m ade t o t he Com put erScience c and Elect ronic by way of furt her clariflcat ion of t he am endm ent int roducedvide I t em No3 lI l t hem eet ingof t he on 0512006 The oft he decision dat ed 012008 t he am endedOrdinances Govem ingt he cany JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 92 44d CWP No8583 of2009 e on syst emhas been appliedt o all t he COUrsesreferred t o herenabove As a consequence of t 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 sem est era st udentm ust pass at least 50 per cent t o 5 t he first four sem est ers Again for from 5 t o 6 sem est er 1Swit houtany condit ion For t o 7 sem est er a furt her em bargo1S creat ed t hat t he st udent m ust pass all oft he fI rst 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 reappear or flrst 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 9 0 0 C I Z m Q C I 06 00 Ke2 2 Clm C reappear or backlogofflrst t hree sem est ers he is ineligiblet o seek adm issionin 8 sem est er The grievanceof t he is t hat t he am endm ent int roducedor t he clarificat ion issued vide order dat edOl082008 1S illegaland ln cases of t he t o t heir cont ent ion reliance is placedon Wit h a vlew t he Ordinance JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 93 4a1 CWP No583 of2009 10 dat ed 14112000 P which was in force at t he t im e of adm ission which onlyrequired40 per cent m 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 ilrt her cont ended t hat cany OI 1 which was int roduced 111 t he Calendar 1999 6Vol I I I las t o t he and TechnologyFacult ies Law and School of Social Sciences as 1S evidentfrom Annexure I 3 Even t he am endm ent int roducedpursuantt o t he decision of t he Syndicat evide I t em No23 lll t he m eet inghe1don 51 22006 carry 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 111 t he year 2005 t his am endm ent1S againnot applicablet 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 1S furt hercont endedt hat vide order dat ed01 082008 herein t he am endm ent has been applied which has affect ed t he career t he pet it ioners Accordingt o t he learnedcounsel for t he t he known t hat t hey would be requiredt o clear all t he 1 r 0 0 C5 I Z r r I c6 r0 r w2 2 Cl C of first 213sem est ers t heywould have concent rat ed on t hose papers on priorit y Now afler 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 94 1 CWPN08583 of2009 11 A L 0 C I C13 I Z L 4 Z 6j CJO e 2 CJ cannot be punishedfor not havingcleared t he paperst wo years I t 1S t he case t he t hat t he operat ionof t he rules is when it t akes any of t he rightof t he hit her t o available lll 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 arksin aggregat ein a sem est er of t he fact whet her a candidat e has failed lrl 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 01 082008 whereby carry on syst emhas been appliedt o all t he t he Universit yexcept Law and School of Social Sciences courses Theset wo courses beinggovem edby separat eOrdinances reit erat ed t hat any having I t 1S t he first t wo sem est ers is ineligiblefor seekingadm ission t o 7t h sem est er and a candidat ehavingreappear in first t hree sem est ers 1S t o seek adm issionin 8sem est er I t is st at edt hat asa m at t er of fact order dat ed01082008 is not an am endm entt o t he regulat ionbut onlybyway 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 lI l 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 95 41 CWP No8583 of2009 12 exam inat ions on t wo sem est ers were grant ed adm ission t o 7 sem est er subj ectt o clearanceoft he back4ogoft he flrst t wo sem est ers on t heir fllingof t he affldavit t hat in t he event of t he failure of t he candidat et o clear t he reappear of 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 secured adm 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 ers in respectt o t he candidat eswho had of first 213sem est ers were provisional in nat ure and could be cancelled on t heirfailure t o clear t he When t hese pet it ionswere flled int erim orders were passedby t his Court 111 CWP No8583 of 2009 on 29052009 ent ryin 8 sem est er Sim ilar orderswere passedin ot her writ pet 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 une a r 0 C0 0 I 4r Z 1 08 Cf1 r 7 2 t lA C MrD Pat walialeam ed counsel for t he has however arguedt hat neit her t he Ordinances canyingon syst emare in nat ure nor t he order dat ed Ol082008 can be const rued t o have ret rospect lve His furt her cont ent ionis t hat t he Universit yis ent it led t o 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 96 a A CWP No583 of2009 1P m 13 1W 0 0 I C5 I Z r r 06 ri3 e e 2 Cle st udentas t he Universit ydoes not hold a prom iset o a st udentnot t o changet he durat ion or t he m anner or m et hod of from one sem est ers t o anot her exceptchangingt he syllabusor a 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 afflliat ingUniversit y t he condit ion of passingt he exam inat ions t n a part icularchance The st udent s who are t he course at t he t im e of int roduct ionof t he byews assailed t he act ion of t he Universit y learnedSingleBench oft his Court held as followsl t he lssue a I t has been laid down in t he above referred t wo aut horit ies t hat t he applicableat t he t im e a st udent t akes adm ission in t he consolidat ed course 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 byeawswhich were on 16 August 1986t o t he st udent swho had got adm ission in t he BAM course in t he flrst year prior t o t hat dat e 55 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 97 4K 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 yof Healt h Sciences and ot hers 2007 629S1R 330 I n t his case also t he rules for BAMS course am ended The am ended rules prohibit ed adm ission t o flnal exam inat lOn if t here is reappear ln t he second exam lnat lOlle 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 in t he exam inat ions This Court t he quest ionheld as underl 7 The short quest iont hat requiresdet erm inat ion I I l t his case is whet her t he appeI lantis t o be govem ed by t he am ended or uneam ended Ordinance The appellanthad been perm it t edt o in t he 3 Professionalexam inat ion held 111 AprilMay2005 I ft he originaldurat ion oft he 3 Professionalhad not been am ended t he appellant hadcleared 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 bere Decem ber 2005 As per t he appellanthe is sufferingon account of t he wrong applicat ionof t heam endedOrdinance in his case JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 0 C0 I C5 I C Z m C I ct 5 I 4 e Z t l 98 21 CWP No8583 of2009 15 9 Since t he appeI lantis requiredt o be t reat ed as belongingt o bat ch of year 2000 as already not iced t he provisionofpara11 would also com e t o his rescue When t he appellantj oinedt he course he was ent it led t o t ake posit iont hat he would be eligiblet o clear lst and 2 Professional by Novem berDecem ber 2005 He reallycould not have any say in fixingt he durat ionof t he 3 by am endm entin t he Ordinance aft er he had j oinedt he course To rem edysuch a sit uat iononlyperhapst he provision ofpara11 of Ordinance specificallyprovidedt hat candidat es adm it t ed priort o 2001 will appear 111 aft er t wo years of st udy I t can be not iced t hat t he appellanthas st udied wit h t he bat ch in 1 and 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 es and t hat is what is soughtt o be achieved by Ordinance above We are t husoft he view t hat unam endedOrdinance would govemt he case oft he appellantand t he provisions t he am ended Ordinance cannot be m ade applicablet o him 15 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 1 C 0 0 I C I Z m t r I 08 00 r Z C 99 CUTPN0 8583 of2009 16 J To t he cont rary Mr DS Pat walia leam ed counsel for t he has relied upon Puniab Universit v Vs SubashChander and anot her 3 Suprem eCourt Cases 603 I n t his case t he had securedadm issiont o MBBS course Ul 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 heabove t here was a separat erule for grant of grace m arks upt oone of t he t ot al aggregat em arks includingm arksfor Pract icaland int ernalassessm entif a candidat efails ln 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 m one or m ore he has lI l all where a separat e of passing also exist s I n case of UMSI BDS exam inat ion t he gracem arks of one percentwas conflnedt o each subj ectand not t o of all subj ect sThe pet it ionerwho was a st udentof lvfBBS was failingin He claim ed grace m arks on t he 0 C I C5 I Z C Q8 4r 2 2 Q basis ofunam ended rules but he was awardedgracem arkson t he n11 4 44 basis of t he am endedrules which did not orove beneflcialt o him t he sam e in t hePunj abandHaryanaHigh Court A He i0 41 I ll oft his Court allowedt he 1 1L 711 13 I aol n 1t i O r 74 rules prevalentat t he 7 81nG 71 797f JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 400 r CWPN08583of2009 17 applyand t he am ended rules cannot be applied t o t he det rim entoft he candidat es Honble t he Suprem eCourt while t he 1SSue held as under 1 0 C40 I C5 I Z t 08 Q3 r 3 Z n 11 We do not agree wit h t he leam ed Judgesof t he Full Bench oft he HighCourt t hat t hereis any elem entof ret rospect ivit yin t he changebroughtabout by t he addit ion of t he except iont o Rule l oft he Calendarfor t he year 1970 accordingt o t he Short er Oxford EnglishDict ionaryThird Edit ion in relat ion t o St at ut eset c m eans Operat ivewit h regardt o pastt im e The changebroughtabout by t he addit ion of t he except iont o Rule 2 l does not say t hat it shall be operat ivewit h effect from any earlier dat e I t 1S obviously I t is not possiblet o hold t hat it is ret rospect ive in operat ionm erely because t hough int roduced in 1970 it was appliedt o Subash Chander 1 who appearedfor t he final exam lnat ion in 1974 aft er he hadj oinedt he course earlier in 1965 No prom ise was 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 ission in 1965 t hat t here will be no alt erat ion of 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 in force at t he t im e of his adm ission would cont inue t o be appliedt o him unt il he Onishedhis wholecourse 11 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 401 W CWP No8583 of2009 18 m 0 0 I C5 I Z r t r Z 06 CO 4 2 Z Ll e94 12 Thereforewe are clearlyoft he opiniont hat t here 1S 1970 of t he changein t he rule m ade in t he year 41 m erelybecause it in 1974 t o SubashChanderwho had j oined t heNBS course in 1965 when t he rule of grace m arks was different I n t hese circum st ances affirm t he view of DK Mahaj anand PC Jain JJ in t he Division Bench j udgm entin Sewa Ram V Kurukshet ra byt he and disapprovet he view t aken learned Judgesof 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 ledt o 16grace m arks under butwas ent it led t o only4 grace m arksunder t he new rule t he old rule and had t herefore not passedt he exam inat lOll lI l We allow t he appealbut wit hout any order as t o cost s Howevert his decision will not afct t he resultof t he exam inat ion of Subash Chander in it had been declaredas per t he direct ion of t he learnedJudgesoft he Full Bench in t he Let t ers Pat ent Appea The aforesaid was followed by anot herBench t he Court lI l t he case Puniab Universit v ChandigarhVs DevianiChakrabart iand ot hers 3 Suprem e Court Cases 612wherein it has been held as followsl JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 402 S CWPNo85830f2009 19 Ol 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 ed t heir educat ional careers We t herefore 1 l 0 C I C5 I Cr Z m C 06 ClO SW2 Z CL allow t hese pealsbut wit hout any order 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 t o t he pet it ionersin t he writ pet it ionson t he basis oft he j udgm ent soft 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 llt l t he case of Rahul Gupt a Vs St at e of Haryana2000 49ST supra9hasbeen relied 1099 wherein SubhashChanders case upon and it hasbeenheld as under1 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 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 403 J CWP No8583 of2009 20 11 1 C 0 C C I Z Q I 021 QO 7 Z 0a com plet edt he sam e He has placedreliance on Full Bench of t his Court in Am ardeep SinghSahot av St at eofPuniab et c 1993 641SLR 6731 1993 141 SCT 328 Hl FBI and SwaraniitSinghand anot herv St at eofPuniab and ot hers 1998 621SLR 14 1997 49 SCT 511 P 0 Hl FBI We are unable t o agree wit h t he cont ent iOll of t he pet it ionerFrom t he st and t aken by t he it 1S clear t hat t he com pet ent aut horit ydecided in t he year 1995 t o revise t he curriculum of Elect ronics and Com m unicat ion Diplom aCourse t o 3112 years consist ingof 7 sem est ers The 7 sem est er includes t he inplant t rainingand t he m arks awarded t o a candidat ein t his t raininghave t o be included in t he diplom a awardedt o I t is 81rt her clear t hat t he Direct or Technical Educat ion Haryana by his com m unicat iondat ed 1811995 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 hecourse had been increased t o 3112 years and t hatt he revised curriculum was t o be wit h effect from t he academ ic session 199596 What happenedwas t hat when t he prospect uswas issuedfor t he academ ic session 199798 t here was an inadvert enterror t herein and t he durat ion JOYTI RANI 2016.03.28 10:57 1 I attest to the accuracy and integrity of this document a 1 01 1 j ll 24 1 1 404 1 Jl CWP No85830f2009 21 of t he course was shown t o be of 3 years When t his error 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 ionin Elect ronics and Com m unicat ion Course t hat t herevisedcurriculum wast 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 was changedm icst ream durat ion of t he course had alreadybeen increased t o 3 112years in t he year 1995 and t he is onlyt ryingt o t ake advant ageof t he errort hat creptin t he oft he prospect us fort he academ icsession 199798 We are t her of t he view t hat even aft ert he com m encem ent of t hecourse which was earlier 3 years it was open t o t hecom pet entaut horit yt o changet he durat ion by t he Rules as has been observedby t heir t he Suprem eCourt in Panj ab v Subash Chander and anot her AlR 1984SC 1415 When a course st ret chingover U C 0 C I C I Z n Ck C6 QO e Z Cl v a periodof 3 yearscom m ences j oint hat course t he aut horit ies m ake no prom ise and t he st udent s t hatt here would be no alt erat ion of t he durat ion and t hatt 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 405 Pl CWP No8583 of2009 22 j C 0 C3 I C9 I Z a I 08 ri0 V7 Z t l be appliedunt il t he whole course is flnished I n t he case before us as alreadyobserved t here was onlyan error in t he publicat ionof t he prospect us Oll 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 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 iOll did not becom e eligiblefor adm ission t o t he course He is yet t o t he t rainingin t he 7 Sem est er and t he m arks obt ained by him in t hat t raining be t aken int o account before t he diplom a1S awardedt o him 11 Anot her Division Bench of t his Court 111t he case of AkashdeepBhargoand ot hers Vs Baba Farid Universit v of Healt h Sciences and ot hers 2007 629SCT 139 has observed as follows 10 The fact s as not iced above clearlyshow t hat alt hought he pet it ionershad been adm it t edin BAMS course 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 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 406 114 CWP No8583 of2009 ne23 10 m Q 0 C C5 Z Q Z Oll5 m 4 sm ro 2 Glm collegecam e t o be afflliat ed wit h Baba Farid Universit yin March 2001 For a periodof som e t im e t he old of Guru Nanak Dev Universit ywere m ade applicablet o t he st udent swho were alreadyadm it t ed but lat er on Baba Farid Universit yof Healt h Sciences fram ed it s t aken The decision 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 have cont inued wit h t heir st udiesunder t he new of Baba Farid They have appeared111 t heir final BAMS exam inat ion held in t he m ont h of MaylJune2006 I n t hese circum st ances t he and ordinances of Baba Farid operat iveat t he t im e of conduct ingof t he exam inat ion are t o govem t he case of t he pet lt loners t he regulat ionsl ordinances of Baba Farid Universit y do not cont ainany provisionof grace m arks as claim ed byt he pet it ionersThe pet it ionerscannot claim t o have acquiredany vest ed right s m erelyon accountof t he fact t hat at t he t im e of adm ission t hey were by Guru Nanak Dev JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 407 1 CWP No8583 of2009 24 C7 Universit yregulat ionsWe do not find t hat t he grievancem ade by t he pet it ionerst hat a operat ionhas been givent o t he ordinanceof Baba Farid Universit yis j ust ified As a m at t er of t he case ln hand is squarely covered byt he j udgm entoft he Suprem eCourt 111 SubashChanders case I n view of t he dict um of t he aforesaidj udgm entof t he Honble Suprem eCourt in t he cases of SubashChanders Hawaldar Singhs and t wo Division Benches t his Court lll Rahul Gupt aand Bhargoscases supra t he int roduct ion of t he cany on syst emcannot be said t o 111 operat lOI lSo long it was appliedt o t he exam lnat ions held aft er carry on syst em SO applied The pet lt lonersare not at all ent it ledt o invoke eit her t he doct rine of or t he I t has been cont endedOll behalfof t he t hat n 0 C C Z n C e I c8 O r nW Z Q t wo nam elySim ranj itKaur and Am it Bhardwaj who eVW had also filed writ pet it ionshave been t o appear in t he sem est ers exam inat ionsaft er t he writ pet it ionswere wit hdrawn Vide order dat ed Ol 022010 passedby t his Court MrPat walia Was asked t o file an alavit 1I 111 t his regard 1e Affldavit has been flled 0 8 4 91 6 r 11 e 41131rn4 0 1 e 79 2 1 1 1 31 1 7 e 1 JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 21 4 408 I d 0 C I C5 Z m Ct Z c6 r Cr V2 2 Qm CWP No583 of2009 25 I n t he aforesaid affldavit of t he aboutdeclarat 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 is st at ed 111 t he affldavit filed by t he t he Guru Nanak Dev Universit yt hat t he m auer 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 uniform t he cany on syst em was not clear but cert ain personshave been adm it t edunder cany on syst em I t is lrt her not iced t hat receivedfrom t he st udent s from various I n oft he carry on syst em respectt o ineligiblecandidat eswho were grant edadm issions under t he carry on it was t o t he t o concerned t o givet hem a specialchance I t ilrt her m ent ioned t haton receiptof such requestfrom t he candidat es t heir cases adm ission wi11be considered in 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 m ent ionedin t he affldavit t hat in Vlevv oft he aforesaiddecision t he candidat eswho wit hdrew t heir writ pet it ionswere glven chance t o clear t he flrst and second papers along wit h 17 and 8 sem est ers JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 41 1 409 e e 1 C 0 C0 I C5 I Z W C I 08 rL1 4 2 I CL CWP No8583 of2009 ee26 t hey were grant edadm issions t o 7 and 8 sem est ers Even aft er t hese writ pet it ionswere reserved for j udgm entsom e have been flled on behalf of som e of t he writ t o wit hdrew from t he writ pet it ionobviously t o t ake benefit of t he Universit ysown decision I t is also t o not e t hatt he decision of t he Universit ygrat ingrelaxat ion was not circulat ed in all t he and has been appliedln a select iveway The had no of such a decisionand t hus t heycould not even applyseekingt he benefltof t he decision I t is a m at t er of concem for 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 pet it ioners have been deniedt he benefit wit hout any lawful and valid reasons Even t hought he cany on syst em under challenge111 t hepresentwrit pet it ionsdeservesno int erferencein view of t he law laid down by t he Apex Court in Punj abUniversit y Vs SubhashChander and anot her and Puniab Universit yChandigarh Vs Deviani Chakrabart iand ot hers it can be said t hat t he decision t o int roduce carry on syst em m id course ret rospect lvelI l However t he fact rem ains t hat t he Universit ylI l it s wisdom chose t o grant special chance t o candidat 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 410 44 CWP No8583 of2009 ae27 exam inat lons 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 uniform allyThis act ion of t he Universit yis in law and 1S 811 arbit raryexerciseof power deserves no The Universit yas an I nst it ut ion has t o act ln an nonarbit rarym anner providingequal t o all The Act ion oft he Universit ydo not suggestSO Som eof t he sim ilarlysit uat ed candidat eshave been grant edt he benefit of specialchance and adm issions t o t he highersem est ers despit et heir ineligibilit yunder t he carry 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 eddifferent lyand 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 pers of first and second sem est ers on uniform pat t ern Their rightt o adm ission t o sem est ers cannot be denied t o t hem These 1 Q 0 C I 0 I Z m C I 08 CQ Z Ll allowed in t he followingm annerl i1 Such of t he who have not availed specialchance for clearingflrst and second sem est ers reppear will be provided specialchancefor t he purpose ii9 adm issions grant edt o t he t o 718 undert he int erim orders oft his Court shall st and sem est ers JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document CWP No8583 of2009 028 1 iio result of t he who have 718t h sem est ersexam inat ionsshall be declared t hose who have been denied adm issionsin 718 sem est ers 1 OI l account noI clearance secondlt hird sem est ers exam inat ionsshall be grant edadm issiont o 718 sem est ers as t he case m ay be and on oft he course t heir result shall be declared v9 t his relaxat ion shall be available t o all st udent swho have reached718 sem est ers upt oacadem icsession 20092010 or t ill such t im e t he decision oft he Universit yt aken vide let t erNo737 DAA dat edOl082008 shall rem aln lI l operat ionI t is however opent o t he Universit yt o applyt he carry on syst emt o t he disciplinescovered by cany on syst em by properly not ifyingt o t he st udent s 0 0 I Ca0 Z t m 1r r 06 CJ3 r Z m 08042010 BLS 1 6PERMODKOHLI 9 JUDGE Whet hert o be referred t o t he L YES W 1 1 C e 5e JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document