COCP No. 631 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH COCP No. 631 of 2008 Date of Decision:- 28.2.2011 Ankur Makkar ..Petitioner Versus Rakesh Mohan Sharma and others ..Respondents CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA Present:- Mr. Vishal Garg, Advocate for the petitioner. Mr. Ashok Aggarwal, Senior Advocate with Mr. Amit Jhanji, Advocate for respondent Nos. 1 and 2. RAJIVE BHALLA, J. (ORAL) The petitioner's grievance arises from an order dated 14.12.2007 passed by a Division Bench of this Court. The operative part of the order reads as follows: “ In view of the background of relationship of the petitioner and respondent No.4, observations already made in the order dated 2.4.2007 and having regard to he fact that the petitioner has already appeared in the examination and all the circumstances of the case, we direct that appearance of the petitioner in the examination be treated to be valid and result of the petitioner be declared. Registers, if kept in the office of this court, be returned to the counsel for the College. The petition is disposed of.” Vide order dated 16.11.2009, the respondents were held prima facie guilty of contempt of court, who were granted an opportunity to purge the contempt. In compliance with this order, the respondents have passed an order dated 7.12.2009, which reads as follows:- COCP No. 631 of 2008 2 “ Dear Sir, Hon'ble Punjab and Haryana High Court has ruled that Ankur Makkar, Roll No. 33066 has been deemed to have obtained minimum of 25% of aggregate of both house tests which is the minimum qualification for becoming eligible to appear in examination. To comply with the directions of the Hon'ble High Court, kindly accept the revised internal assessment of Ankur Makkar, Roll No. 33066, April, 2007 exam as under:- Sent earlier Revised S.No. Subject Name IA IB IA IB 1. Functional Management (FMG) 2 3 2.5 3 2.Management Accounting & Business Finance (MAB) 2 3 2.5 3 3. Direct Tax Law (DTL) 0 0 2.5 2.5 4. Indian Economy (IEC) 3 3 3 3 5. Enterprenurship and small Business (ESB) 0 0 2.5 2.5 6. Business Theory & 0 0 2.5 2.5 Management :Operation Research (OPR) Kindly incorporate the revised assessment in the award list of roll No. 33066 B.Com.III and take appropriate further steps required as per directions of Hon'ble Punjab and Haryana High Court. In case this revision requires further change or modification, kindly let us know so that the directions of the Hon'ble Punjab and Haryana High Court are implemented in letter and spirit. We will be guided by your directions in the COCP No. 631 of 2008 3 light of the judgment of the Hon'ble Punjab and Haryana High Court.” Counsel for the petitioner submits that as the petitioner has been awarded the bare minimum marks for internal assessment, the respondents should be directed to reconsider these marks in accordance with marks awarded to other students. Counsel for the respondents submits that minimum marks have been assigned to the petitioner so as to enable him to attain eligibility in accordance with directions issued by the Division Bench. In case the petitioner has any grievance against the marks assigned, he may seek his remedy in accordance with law. I have heard counsel for the parties, perused the paper-book and am satisfied that the respondents have purged the contempt. The petitioner has been declared eligible for sitting in the examination. The petitioner may, if so advised, seek his remedy against the award of marks for internal assessment. Disposed of accordingly. Rule discharged. 28.2.2011 ( RAJIVE BHALLA ) VK JUDGE