Civil Writ Petition No. 12069 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 12069 of 2010 DATE OF DECISION: September 13 , 2010 Anudeep Randhawa & others .....Petitioner VERSUS Guru Nanak Dev University and others ....Respondents Present: Mr. S.K. Rattan, Advocate, for the petitioners. Ms. Saloni Sharma, Advocate, for Mr. Amrit Paul, Advocate, for the respondents. ***** RANJIT SINGH, J. This order will dispose of 13 writ petitions No.12069, 11680, 12558, 16094, 12738, 13565, 14057, 14061, 14094, 14743, 15060, 15095 &15802 of 2010 as the common questions of law are involved in these petitions. All the petitioners are pursuing courses either in Bachelor of Technology or Masters in Computer Application or such like courses with the respondent/University. They have approached this court through different writ petitions with a grievance that the University though has itself decided to grant relaxation, but did not circulate it to all the departments leading to the application of benefit of relaxation selectively. Some of the similarly situated persons had Civil Writ Petition No. 12069 of 2010 -2- approached this Court through writ petitions and this Court issued directions that all the students, who are similarly situated, could not be treated differently and with hostility. This Court, thereafter, observed that they all shall be granted a special chance as was granted to some students for clearing the papers of 1st and 2nd semesters on uniform pattern. Earlier also similar issue came up for consideration before this Court in CWP No.4419 of 2010. As is noticed, at the time of admission of the petitioners, the courses were governed by the provisions of Ordinance issued in the year 2000. The copy of the provisions of the Ordinance of B.Tech/B.Arch. Degree Programmes in the Faculties of Applied Sciences, Engineering & Technology and Physical Planning & Architecture has been annexed with the petitions. As per the said Regulation, the promotion of the candidates to next higher semester was on the basis of securing 40% in aggregate of all the courses taken together, even if a candidate had failed in one or more courses. The petitioners are those, who have appeared in various semesters and have got more than 40% marks in the semester examination, result of which has been declared by the University. However, the University w.e.f 1.8.2008 has introduced a carry on system for new admission. The carry on system has now been implemented retrospectively on all the students, who are admitted in the year 2007-08 and subsequent thereto. The petitioners as such, have made a grievance that the provisions of amended Regulation, which have been applied to them Civil Writ Petition No. 12069 of 2010 -3- without affording any opportunity of hearing, cannot be applied to them. They would plead that the existing position in regard to the applicability of Rules and Regulations, can not be changed retrospectively to their prejudice. Similar was the plea made in CWP No.4672 of 2009. These petitioners were permitted to continue their studies in 8th Semester. In all these cases, notice of motion was issued. As an interim direction, the petitioners were permitted to continue their respective studies in various semesters. Counsel for the University has appeared and has very fairly submitted before the Court that there is no need to file reply since the issue is squarely covered by the decisions of this Court in earlier cases. It is noticed that the controversy as raised in the present writ petitions has been decided by this Court in C.W.P. No.19113 of 2009 decided on 22.4.2010. It has been held as under:- “Even though the carry on system under challenge in the present writ petitions deserves no interference in view of the law laid down by the Apex Court in Punjab University Vs. Subhash Chander and another and Punjab University Chandigarh Vs. Devjani Chakrabarti and others (supra), nor it can be said that the decision to introduce carry on system mid course is retrospective in operation. However, the fact remains that the University in its wisdom chose to grant special chance to ineligible candidates for clearing first and Civil Writ Petition No. 12069 of 2010 -4- second semester examinations and were also granted admission to 7th and 8the semesters with clearing the backlog papers. This decision has been applied selectively and not uniformally. This action of the University is impermissible in law and is an arbitrary exercise of power, deserves no appreciation. The university as an Institution has to act in an non-arbitrary manner providing equal opportunity to all. The Action of the University do not suggest so. Some of the similarly situated candidates have been granted the benefit of special chance and admissions to the higher semesters despite their ineligibility under the carry on system, whereas others have been denied similar relief. In view of the above circumstances, the petitioners cannot be treated differently and with hostility. They shall also be entitled to the special chance granted to other similarly situated students for clearing the papers of first and second semesters on uniform pattern. Their right to admission to 7th/8th semesters, respectively, cannot be denied to them. These petitioners are, accordingly, allowed in the following manner:- (i)such of the petitioners who have not availed special chance for clearing first and second semesters re-appear, will be provided special chance for the purpose; (ii)admissions granted to the petitioners to 7th/8th Civil Writ Petition No. 12069 of 2010 -5- semesters under the interim orders of this Court, shall stand regularised; (iii)result of the petitioners who have appeared in 7th/8th semesters examination, shall be declared; (iv)those who have been denied admissions in 7th/8th semesters on account of non-clearance of second/third semesters examinations, shall be granted admissions to 7th/8th semesters, as the case may be, and on completion of the course, their result shall be declared; (v)this relaxation shall be available to all students who have reached 7th/8th semesters upto academic session 2009-10 or till such time the decision of the University taken vide letter No.1737-DAA dated 01.08.2008, shall remain in operation, it is however, open to the University to uniformally apply the carry on system to all the disciplines covered by carry on system by properly notifying to the students.” There is reason to decline similar relief to the present petitioners and they all are held entitled to same relief as granted in the aforesaid petition. The case of the petitioners shall also be considered in the same terms. These writ petitions are, accordingly, disposed of in the above terms. Since the issue has been fairly settled by this Court, it is expected from the University that the students, who have been Civil Writ Petition No. 12069 of 2010 -6- granted admission as an interim measure would be allowed to continue as a special chance and the result of such examinations be declared in due course of law. September 13, 2010 ( RANJIT SINGH ) monika I JUDGE