CWP No.7871 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.7871 of 2008 DATE OF DECISION: May 15, 2008 ANTARPREET SINGH ...PETITIONER VERSUS THE GURU NANAK DEV UNIVERSITY, ...RESPONDENTS AMRITSAR & ORS. CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. R.D. BAWA, ADVOCATE FOR THE PETITIONER. MR. D.S. PATWALIA, ADVOCATE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The present writ petition has been filed praying that a writ in the nature of mandamus be issued directing the respondent-University to issue Roll Number and allow the petitioner to appear in 2nd Semester of Bachelor of Sciences (Hons. School), 2008. We had issued notice of motion. Counsel appearing for the University has stated that the petitioner had failed in paper of Computer Applications in the mandatory Mid- Semester Test held by the University. It has been urged by the counsel for the University that since the petitioner has failed and had secured 11 marks out of 70, whereas a candidate is required to obtain 25 marks in each paper and 40% in aggregate, therefore, he is ineligible to appear in the examination, Counsel for the petitioner has urged that number of students, as one Priyanka who had not passed were allowed to appear in the CWP No.7871 of 2008 -2- examination. This fact has been controverted by the counsel for the University who stated that those students who were absent, a special test was held and they have passed the examination. Therefore, the case of the petitioner cannot be compared with the instances and names of the candidates mentioned in the writ petition. We cannot cure the ineligibility. The petitioner had failed in one paper and for appearing in the 2nd Semester, it is insisted by the counsel for the University that the petitioner should pass the examination. No mala fides have been levelled, therefore, action of the University is in accordance with the rules prescribed. We find no merit in the writ petition and the same is dismissed. (ASHUTOSH MOHUNTA) JUDGE May 15, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE