74 CWP No8583 of2009 elm 1 2 1 In thcHighCourt ofPunjabandHaryallaat Date ofdecisionl 0804 2010 1 CWPNo583 of2009 SamritiSharmaand others Petitioners Vs 1 Q GuruNalak Dev andanother 0 2 CWP 9218of2009 0 I JugrajSingh Petitioner 0 VSe I GuruNanak Dev andothers Z m 3CWP No 1867of2009 0 4 Z NaveenSingh Petitolll 08 Vse GuruNanak Dev r andanother 7 2 4 CWP N9277 of2009 tl Singh Petitioner VS GuruNanak Dev andanother 5CWPNo3363of2009 C RimpiKumari etitioner VS GuruNanak Dev andanotllCr 6CWPN9339 of2009 SahasChopra and another Petitioners VS 4 l 3 Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 75 14CWPN08583 of2009 m 1p Guru Nanak Dev andanother 7 CWPN9351 of2009 RajivKumar and others Petitloners VS Guru Nanak Dev andanother m 8CWP Nt9487 of2009 0 Singhand others Petltiollers 0 VS I GuruNanak Dev C5 and another I 9 CWP No9340 of2009 Z SinghAulakh andothers Petitoners 2 VS Cl Guru Nanak Dev I andanother 06 10CWP No10490 of2009 tll ea SinghVirdi andothers Petitioners 72 VS Guru Nanak Dev 0 andanother 11 CWPNo770 of2009 Singhandothers etitioners 4 VSe Guru Nnak Dev andanother 12 CWP 9492 of2009 Asllish Luna and others Petitioners VS Guru Nanak Dev andanother Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 76 l d CWP No8583 of2009 3m 13 CWP No 9153 of2009 Kaur and others Petoiti oners VS Guru Nanak Dev andanother 14CWP No779 of2009 m Kumar and another Petitioners C VS Guru Nanac Dev 0 aotldanother C I 15 CWPN08514 of2009 C I Dhir ctitioner 1 Vs Z Guru Nanak Dev alld another a C 16 CWP N10038 of2009 X clj JationSeth Petitioner VSe Cl Guru Nanak Dev 7 andanother S22 17 CWP No888 of2009 0 Rahul Sharmaand others Petitioners VS Guru Nanak Dev andothers C 18 CWP No644 of2009 SiddharthAcharyaandothers Petitioners vse GuruNanak Dev aindanother 19 CWPNo941 1 of2009 AmritpalSinghand others Petitioners Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 77 1 0 CWP No8583 of2009 4 VcrsUS Guru Nanak Dev UniversityAmritsar andanother CORAM HONBLE MR JUSTICE PERMOD KOHLI Presentl MrVeneet Shanna MrAS ManaiseMr Naresh 1 Prabhakar Mr RS Manhas MrSK Ralltall MrMnuj C2 NtlgrathAdvocatesfor the 0 MOS Patwalia Advocatefor the 0 I PERMD KOHLI J C5 I All these petitionsare beingdisposedof by this 4 Z common order as the facts and of law 111Etll these 1 m L are identical Z All the in thesepetitions are tllc studentsof Ofj Qo course like I3achelorof 2 Science and Bachelor of Architecture Degree 7 fl in the Facultiesof AppliedSciences alod and PhysicalPlanning and Architechlre 111ey were admittcdto the course in theyear 2005 At the relcvanttime they C Were governedby the Ordinances8anled by the Universityfor from one semester to anothersemester The eligibility COlldltlOllS were tn para 8 of the of Ordinances for Under Graduate BTechB Arch Degree in the Faculties of Applied c and Physicalann and Architectur Ordinance Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 78 i CWP No8583 of2009 5 datcd 15112 000 lIl at the tioIneof the admission lS 10ereunder a9 A candidateshall be to the tlext highersemester provided he securesa1 Ieast40Io 1 marks in aggregateof all the Coursestakeil C 0 for that semester even ifhe fails lll One or C morecoursels C b9 examinationsfor an odd semester I shal l be conducted along with tlle next odd Z selnesterand an even semesteralongwith thenext W Q even semester c6 C 9 An extra chance shall be givento a reappear CQ candidateof seventh semestcr 03Fech9 9 e Semestcr6B Archlalong with the 0 end semester examinationprovidedthecandidate has passedall the cOurses upto selnesteor C d1 A end senlester eXOllllllatlOll shal1 be conductedonlyfor eighth3Techl tenth 03 Archosemesteorprovided the candidate has passedall the courses uptoseventhlninth semester Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 79 CWPNo8583 of2009 e 6 e9Award of grace marksfor these examinationshall be as Per the Ordinances Under Clause of the Ordinance a cmldidatcwas entitlcdto be to the next higher semester if he secures m at least40Io marksin aggregate of all courses taken togethelfor 0 0101semester ifhe fails ln one or lnore courses UndcrClausc 0 0 for an odd semestershall be conductedalong rcappear I C withthc next odd semester and even semesteralongwith the next selnesterUnder Clausec an extra chanceis to a even Z candidateof 7 semester 3Tech1 9 sclnester e Q Arcl alongwith 8 and 10 semester exwnination ovided a I candidatehas all courses upto6 andighthsemesters 08 CQ under Clause 6c a examinationlS to be 7 conductcdfor 83Technd tenth03Arch9selnestcrs 0 a1l the courses upto seventhlninth thc candidatehas semesterThere is alsoa for awardof gracemarks as pCr thcUniversityOrdinances The Universityamendcd the 4ea aforesaicl The UniversityIlasintroducedthe carry Oll system111theyear 1999for various underthe Calendar1999 Vol III for variouscourses exceptlaw and facultiesand School of Social Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 80 CUTPN8583 of2009 e Sciences In respectto the course havmg8 semesterduration following conditionshavebeenIaiddownl 3 Courseshavingeightsemester duratioile a1There shall be no conclitionfor 8 studentfroln flrst semester to secondsemester b1However a studentshallbe to third 1 Q semester only if he has passedatleast 50Io 0 0 of theflrst two semesters but there I will be no conditionfor a studentfroin C49 I third semester to fourthsclllCStCre Z C 1However a student slloll be promoted to Otlh m semester Onlyif he hos passeclatleast 50Io 1Z C ofthe Orstfourseincstcr X 08 c There will be 110 condition for a 03 studentfrom flflh to sixthsemester 4 07 e e1 However a student shall be to fl seventhsemester onlyif he has passedall the ofthe Orsttwo semesters 0 The student shall bc promotedto eighth seinester oonlyif he has passedall the 19 of the flrst threesetnesters AAer a periodof eighthsemestersthe studcnt shall be givena periodof two consecutive years more to passfailingwhicll he sllall havelo start tohecourse afreshfrom the flrst semester However such a Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 81 1 J CWPNol1583 of2009 8 studentwill not be to qualifytheentralce testagalne 79 TheaforesaidOrdinances6carry on systen was further amendedbythe in its meeting held Oll 131 22006 lll thefollowmg manner 1 PresentHeadllll ProoosedHeading iiiJ CarryOll Systemfor various 0iil CarryOll for voriousl 0 semester examlllatlOllS exceptlaw semester examinationsexceptLaw 0 and and Faculties and School of Social and School of Social Sciences I C I Vide the amendment the cany Oll for various Z semester was madeapplicaleto the W 1 and Faculties as well exceptLaw and Schoolof Social I Sciences However the ameildmentwas appliedfrom Session 06 rlO 20072008 The Universityfllrther introducedtlle amendment 111 e thecarry on systemof B Tech M Tech MCA aindMBA S 2 Ilm years course vide its decision dated l 82008 whercbythe carry Oll system was in al1 the exceptLaw and Schoolof Social Sciencesfor which thereare separate Ordinances Vide the aforesaid decision the carry Oll system was made t to theComputer Sciencec and Electronic by wayof lflirther clarification of the amendment vide Iteln No3 in the meetingof the held Oll 05122006 The are of the decision dated Ol08008 the amendedOrdinancesGoverning thecany Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 82 1 1 CWP No8583 of2009 9 on systemhas been appliedto all the coursesreferred to As a consequenceof the of carry on a studentcan be first semestcr to sccond semestcr withoutlany condition However stich a studcllt can be to third semester if he has passed at least 50 per cent m of the First two selnesters For to 4 0 semester no condition is Againfor to 5 C semestera studentmust passat least 50 per ceotlt of C5 I thc flrst four semesters Againfor from 5 to 6 Z semestcr 1Swithoutany condition For to 7 semester a t further clnbargo1S created that the student musl pass all r ofthe first two semesters fol 08 CQ to 8 semesters a studentmust qualifyall the ofthe r41 7 flrst three thereby a student will not be eligible t0 seekadmission in 7 semesterifhe hasany reappearor 0 of first two semesters Same eligibilityconditioon will applyfor to 8 selnester and if the student has a reappearor offirst threesemesters he is ineligible to seek admissionin 8 semester Thegrievance of the is that thc amendmcnt or the clarification issuedvide order datcd Ol 082008 1S illegaland in cases of the With a view to their contention reliance is placedon tlle Ordinance Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 83 1 CWP No583 of2009 l ee10 dated 14l l 2000 lnnexure Pell Which WtlS lll force atthetime of admissionwhich onlyrequired 40 pcr ccnt aggregatemarksof all the papers ln a semester of the fact whether a stlldentfails ln one or more papersof that scinestcrs It is further contendedthat cany Oll systemwhich was introduced 111 the 1 r Calendar 1999 Vol IIII has no to the 0 and Faculties Law and School of Social 0 Sciencesas 1S evident from Annexure 13 Even thc amendlnent C5 I introduced pursuantto the decision of the vide Iteln Z No3 in the held Oll 5122006 carry on systemfor tlle m2 of ald Facultieshas been 32 applied from Session20072008 It is submittcdthat c4j QO Slllce the were admitted in the year 2005 this e alnendmentis againnot Pplicableto the havingbeen tl speciflcallymade operative from Session 2007e2008 as per the contained 111the amendmentOrdinances itself It 1S furthercontendedthat vide order datedOl 082008 lnncxum Pe49 G herein the amendmenthas been applied which has adverselyaffected the career of the Aording to the leamed counsel for the petitiollcrshad the ktlown that theywould be required to clear all the of flrst 213semesters theywould have concentratedon tllose papers on priority Now after two years tlle Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 84 r 1 1 1 tJ CWP N8583 of2009 11 CllllllOt be punishedfor not havingcleared the papers two years back It 1S the case of the that the opcratlollof the rules is when it takes away any of the rightof the hither to availableln existiilg to the the only 1 for promotion to the seven and eighthsemestcrs was 0 that aandidate should secure 40 per cent marksin aggrcgatc in a C semester of the fact whethera candidatehasfailed 111 0 one or more ofthe papersofthat semester Z In the replyflled by the the Universityhas relied upon the order dated Ol 082008 whereby tr X carry on systemhasbeenapplied to all the courses clj lll the exceptLaw and School of Social Sciences r c ee Thcse two courses being by Ordinances It lS reiteratedthat any havingsupplenties 111 la the flrst two semesters is ineligible for seekingadmission to 7 semcster and a candidatehavingrcappear 111first thrcesemesters 1Sineligible to seek admissoionin 8 semester lt is statedthal as a mattcr of fact order datedOl 082008 1S not all alnclldmelltto thc but onlybyWay ofclarification as previousOrdinances of 2000 were in this regardand thus neccssitateda clarification It is mentionedlll the replyflled by the University that somc of the who had 111 reappear Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 85 1D CWPNo8583 of2009 re12 1J examinationsOll first two semesters were granted admissionto 7 semestersubject to clearanceofthe ofthe flrst two scmesters on their filingof the affldavit that iil theevent of the failure of the candidateto clear the reappear of flrst lwo semcstersthe admission to 7 semester could be cancelled m Q Similar affidavits were filed by the who 0 sccured admission 1118 selnester while 111flrst threc Cal I seinesterspapers 1t is submittedthatlaIl the admissiollsto 7 and 0 I 8 semestersin respectto the candidateswho had of Orst Z 213semcstcrs were provisional in nature andcould be cancelledOll m thelr failureto clear the r r When these petitions were filed ionterimordcrs were c6 OO passedby this Court in CWP No8583 of 2009 Oll 29052009 t e entryin 8 semester Similar ordersWere passedi1lother writ petitionspermiuing thepetitoners to seekadmissioiliil 7 allcl Ll 8 selncsters and alsoto appear111tlle examinationsfrom time to timc Mr0S Patwalia leamed counsel for the C has however arguedthat neither the OrdinanCCS carryingon systemare 111naturenor the order dated Ol082008 can be construedto have His further contentionisthatthe Universityis entitled to change the rules even duringthe continuanceof the Coursebya Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 86 1 CWP No8583 of2009 13 studclltas the UniversitydoesnOt hold a promisc to a studentnot to change the duration or the manner or method of from one semesters to anotherexcept the ora courseof studyfor wh1cha studentmaybe entited to notice The haIe placedreliance UPOll a Single 1 0 ofthis Court reportedPavan KuInat Shanna Vs 0 The State of Puniab and others 1991 39 Recent Services C0 I 407 In this case the afflliatingUniversity C5 the conditionof passing the Ct Z cxalninations 111 cl chance The students who are rm the course at thetime of introductionof the t t assailedthe action of the University the issue a 08 learnedSingle Bench ofthoisCourt held as followsl 00 4 It hasbeenJaiddowll lll the above refenedtwo 7 732 authoritiesthat the whicll are r1 at thetime a student akesadmissionin theconsolidatedcourse would keepon applying of atly ainendment till tlle studentso admitted the course In view of this the Were not in applying lllc which were on l 6 August 1986to the studentswho bad got admissionin the BAMS course 111the Orst year priorto tllat date 17 Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 87 c7 1 CWP N8583 of2009 J 1 4 Reliance 1S also placedOll another Division Bench judgmentof this Court in the case of Munish Kumar Talwat Vs Thc Vice Chancellor Baba Farid Universityof Health Sciences cmdothers2007 2 SR 330 In this case also the rulesfor BAMS course were amended The amendedrules t tr admissionto final examinationifthere 1Srcappear111 0 the secolld examination The therein had 0 111 second thoughhe was grantcd admission 0 I to third semester but not pennitted to pear 111the cxaminations Z This Court thequestionheld as underl m 7 The shortlquestiotl that requires detennination I Ill this case IS whetheorthe appclanllis to be 08 by the amended or unimended 00 4r Ordinance The been to 47 Z in the3 Professionalexaininationheld 111 tl ApreMay2005 Ifthe original durationofthe 3 Professionalhad not beenamended the hadcleared the reappearsof the2 Professional and on that account there was no 6eee before hinl to appear in the l5nal exallllllation which was then to be held Ill Novembere December 2005 As per the appel Iant he 1S sufferingon account of the wrong of the amendedOrdinancein his case Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 88 9J CWP Nol1583 of2009 15 9 Sincethe is to be treatedas to batch of year 2000 as already noticed theprovision ofpara11 above would also come to his rescue Wben the thecourse lle was entitledtotake position that he would be to clear I st and j Q 2 Professlonalby 200 0 He reallycould not haueany say in Oxlllgthe C4 I durationof the 3 by alnendincnl111 C5 theOrdinanceafter he had joinedthe course To I remedy sucha situationonlyperhaps theprovislon Z ofparal l ofOrclinance provided that V2 C 4tr candidatesadmittedpriorto 2001 will appear ion flnal aftertwo years of studyIt can 06 r10 be noticedthat tlle has studied with the t e batch in 1 and 2 Professional examinationSn 72 Thus a different duration of the course if being 0 appliedto situatedcandidates We do not say thatit anourlts to discriminatioilbutoparity needto be omaointained between similarlysitualoed 4 candidatesand that is wllat is souglltto be achievedbyOrdinance above We are thusofthe view that unamendedOrdinailcewould govemthe case ofthe and theprovisions of the amended Ordinance cannot be made to him 19 Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document e l Wl Nll4583 tIf2009 I r 0 thc contral IVlr IOS Patwalia Icarllcd etIunscl apcarlng for thc Ilas relied uptlll IUlliilb lJi Slllliish handerand another 198413 l Illlrl l ISCS 1l1 Ill lllis case llle Iladsecured lt1 M1313 CtllllSC Ill thc ycar 1965 hc existing 7v Illllllllllllll 050 per cellt marksto 10ilssin eachsubjcct I11addlllllll 1 71 A lI llle iIlltlvc lllcrc was a separalculc 101 0l grllCCIlllllk5 Ulltt1011 PCrcent of the total aggrcgatctnarksiIlcllidingIllllrk Illl 1 Prlctical alld illlernal assessmenl il a clidatc fIils Ill tIIlC tlr IlltlrC Ill tllc ycar l 970 an anlendnlclllWlIS Illildc Ill lllc 1lllci illlll llle 21wardof gracc Illilrks WilS Ctlll l lllcd l1 11IliIl aggcgl1leillarks cxcllidingthe 111ks ftlr itllcril11 Isscsslllclll Whcrc 11 Clllltlidale ails lll OllC OT IlltltC sllbjeclsprllvidctlIlc Illls appeircdiil lll sllbjeclswhere a scpilit1te 01 pasSlllg aggrcgalcals cxists In casc of I3AMSIBDS exallllllillItIIl lllc graceIllIrks of OllC perccntW11SCOllflllctllo eachslilojcct11111 Illll 1 t aggrcgillctl f ill l subjccls 11lc pclititlIlcrwh0 IVasa sllldclll tl 1 1 f MB135 141218failitlg111tIllc paper lIe cllimcd gracc lllilrk s tlll tlle 11asisl llllillncnded rules but he was 1lwardedgrace ITlarkSt111lhc 1asist11lllc illllcndcd rules which did Ile cllallcllged lhe same Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 90 41 11 CWP N8583 of2009 17 OPPlY and the amendedrules cannot be applied to tlle detrimentofthe candidates Honble the Court while the 1SSueheld as underl ll We do not agree with the leamedJudges ofthe Full Bench ofthe HighCourtthatthereis any elcmeIltof 1 lll the changebroughtabout by the r additionof the to Rule 1 ofthe Calendaifor 0 C theyear 1970 to the Shorter I C5 Oxford English Third Edition in relationto Statutesetc means Operative with regardto pasttime Z The changebroughtabout by the addition of the m Q to Rule 2l does not say that it shall be operativewith effectofrom any earlier date It is 05 obviously It is not possible to hold thatit is OO oin operationmerelybecause though 3 Z introducedln 1970it was appliedto SubashChailder f1 l whoappeared for the final examinationin 1974 afterhe hadjonedthe course earlier in 1965 No promisewas made orcould be deemed to have been tnadeto him at the time of is admissionin 1965 that there will be no alterationof the rule or lll regardto the percentage of marksrequiredfor passing anyexaminaon or award of grace malrksand that the rules relating theretowhich were in forceat thc time of his admissionwould continue to be appliedto him until he finishedhiswhole courseeeeeeeel Il Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 91 1 Ill 1 CWI No8583 of2009 18 t 12 Thereforewe are clearlyofthe opinionthatthere1S no of the changein the rule made in the year 1970having operationlnerelybecause it was applied in 1974to SubashChanderwho hadjoined theMBBS course in 1965whentherule award of grace inarks was different In thesecircumstances m r we affirm the Vlew of DlC Mahajailand PC Jain JJ 0 in theDivision 13ench in SewaRm C I v Kurukshetra and tlle viewtaken C5 I bythe learnedJudgesof tlhcFuil Bench in the decision underappealin this case and hold that the University Z riglotin holdingthatSubashChander l was C was not entitledto 16 grace marksundcr the old rule I but was entitledto only4 gracemarksundcr tlle ncw rule 06 CO and had therefore not passedthe exainination 111 1 emo We allow the appealbut witllout any order Z Howeverthis decisionwil l not affect the as to costs tl result of the exainination of Subash Chander lll if it hadbeendeclaredas peorthe directionof the leanledJudges of theFull Benchin tlleLclters Patent 9e Appea 91 The aforesaid was followed byanothcrBcnch of the Court oin the case of Puniab Univcrsity Vs DevianiChakrabartiandothers 6l984 3 CourtCases 612 wherein it hasbeenheld as followsl Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 92 1 1 Ce 1 J CWP No8583 of2009 19 ln the presentcase also the new decisionsare prlma facie in operation and thcydid not become merelybecausethey applied to studentswho hadalready startedtheir educationalcareerSe We therefore m allow theseappealsbut without anyorder as to r costs and set aside the of the High 0 C Court and dismissthe writ However I this decisionwill not affect therightwllicll inight C5 have been grantedto the petitioncrs in the writo Z petitions on the basisofthiudgments ofthe High m Court which havebeenreversedn theseappeals Il A similar issue cameto be considercd bya Divisioll 08 13ellcllof this Court 111the case of Rahul GuotaVs State of 0 Harvana2000 I9SCT 1099 wherein SubhashChanders case 4nm Z 0 hasbeenrelied uponand it hasbeenheld as underl L 4 We haveheardlearned counselfor the parties and are of the View that there is no merit in the writ petitionsTlle onlyargument advancedbythe counselfor the petitioneris tllat wheonhis client joinedthe diploma COUrse 111the year 1997 tllC madeit clear thatthe durationof that course was 3 yearsand the couldIlOt change the durationtil l the studentswho joined the course in the academic session 1997m98had Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 93 C CWP N8583 of2009 20 the same He has placedreliance Oll Full Bench of tllis Court in Amardeelo SinghSahotavStateofPuniobctc1993l41SLR 6731 1993 41 SCT 328 P84 Hl Bl and SwaraniitSinghandanotherv StateofPuniaband others 1998 l21SLR 14 1997 ll SCT 511 038 1 Q Hl 3 We are unable to agree with the 0 contentionof the From the standtaken C by the lt 1S clear that the competent C5 decided in the year1995to revisethe I curriculuin of Electronics and Colninunication Z DiplomaCourse to 3e112yearsconsistingof 7 L semesters The 7 semester includesthe Z and the lnarks awardedto a candidatelrl 06 m this training have to be cludeclin thc WV awarded to him It is further clear that the Z Director Technical Education I Iaryanaby his tln communicationdated 1801995 informedall the Principals of the Institutesin the Stateof which impartsuch education that the duration of the course had been increasedto 3112 years and thatthe revised curriculum was to be with effect from the academic session 199596 What was that whcn the prospectus was issuedfor the academic session 199798 there wasan inadvertenterror thercin and the duration Gupta Suruchi 2014.03.28 15: 17 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:57 I attest to the accuracy and integrity of this document 94 CWP N8583of2009 21 of the course was shown to be of 3 years When this error was noticed the lOirector Technical Education Haryanasent anotllcr communication to all the Principals of the Institutes education in Electronics and Communication Diploina Coursethattherevisedcurriculumwas to m 0 be with effect from the acadeinic 0 seSS1011 199596 This is not a casc where the 0 I clurationof the course was midesteam C5 The duration of the course had alreadybeen I increased to 3112 years in the year 1995andthe is onlytryingto takc of the e lr errorthat creptin the ofthe prospectus I for the academicsession 1997e98 We are further c8 OO of the view thateven aftcrthe commenceinent of a7 the course which was earlicr3 ycarsit was opento thecompetent to change thedurationby e the Rulesas has beenobservedbytheir Lordshipsof the SupremeCourt lll Panjab v SubashChander and anotherAR 6a 1984SC 1415 When a course over a periodof 3 years commencesand the students jointhat course the autllorilles make 110 prOmlSe that there would be no alteratiorlof the duration