C.W.P. No.7269 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.W.P. No.7269 of 2010 (O&M) DATE OF DECISION :10.5.2011 Sonbir Singh PETITIONER VERSUS Vice Chancellor, Panjab University and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Mrs.G.K.Mann, Advocate for the petitioner. Shri Ashish Rawal, Advocate for the respondents. MAHESH GROVER, J. This writ petition has been filed with a prayer to issue a writ in the nature of mandamus directing the respondents to issue roll number to the petitioner. The short grievance of the petitioner is contained in para-3 of the petition. It has been projected before this Court that only 4 lectures were short, which ought to have been condoned by the respondents and the roll number issued by them so as enable the petitioner to take the examination. A short reply by way of an affidavit of Shri A.K.Bhandari, Registrar, Panjab University has been filed in which it has been stated that in the subject of C.W.P. No.7269 of 2010(O&M) -2- Environmental Studies, the total number of lecturers delivered were 38, but the petitioner attended only 9 lecturers, as against the requirement of 29, thus being short of 20 lectures. Reference has been made to Regulation No.3 which is extracted here below :- “3. No candidate admitted to the course shall be allowed to appear in a semester examination unless he has completed at least 66 percent of lecturers for each of the subject/paper delivered during that semester and 66 percent of such Law Moots, Tutorials, Visits to Courts and lectures delivered by experts to fifth/sixth semester students as part of their paper/ study, curriculum including practical work as may be prescribed from time to time for particular semester. Provided that the deficiency may be condoned by the Chairperson/Head of the Department of Laws as under :- (i) Upto 30 lecturers in various paper/s to the best advantage of the candidate ; and (ii) Upto 8 lectures in the Law Moots, Tutorials, Visits to Courts. Provided that no condonation shall be allowed in regard to lectures delivered by experts. Provided further that no condonation shall be allowed in case a candidate has attended less than 33% lectures for each paper/subject/tutorials, Moots.” Proviso to the aforesaid regulation clearly points out that no condonation shall be allowed in the case of a candidate who has attended less than 33% lectures for each paper/subject/tutorials, Moots. C.W.P. No.7269 of 2010(O&M) -3- The fact as it emerges after perusal of the short affidavit filed by the respondents, is that the petitioner was required to attend 33% lectures even for consideration for condonation thereof and the case is not apparently the one as has been projected before this Court in para-3 of the petition where the petitioner has very cleverly concealed the relevant regulation and the requirement by stating that he is merely 4 lectures short. On due consideration of the matter, I am of the opinion that no indulgence can be granted to a student who for unjustifiable reasons, falls short of the required number of lecturers. The condition regulating the condonation of lectures is a measure to ensure that the students come to classes which is imperative for them, if they have to acquire professional degrees. If the University insisted upon this and if the competent authority does not find any justifiable reason to condone the lectures, then it cannot be said that they have committed any illegality and the courts ordinarily should not step in or question the decision of the University authorities to enforce such regulation unless some mitigating circumstance is made out in favour of the students such as being unable to attend classes for reasons which can be viewed with compassion. No such material has been demonstrated before this Court. Besides, the petitioner has very cleverly made an attempt to over-reach the Court by making misrepresentation of facts. Consequently, the writ petition is dismissed with costs of Rs.2,000/-. (MAHESH GROVER) May 10, 2011 JUDGE GD C.W.P. No.7269 of 2010(O&M) -4-