70 CWP No8583 of2009 1 In theHighCourt ofPunjaband Haryanaat Dateofdecisionl 0804 2010 1 CWPNo85830f2009 SamritiSharmaand others Petitioners Vs GuruNanak Dev University andanother 0 2 CWP 9218 of2009 C3 I JugrajSingh Petitioner C5 VS GuruNanak Dev a and others Z 3 CWPNo1867 of2009 I NaveenSingh eePetitioner 08 Vs Guru NanakDev 00 C andanother 7 Z 4 CWPNo277 of2009 e Singh Petitioner VS GuruNanak Dev andanother 5CWP No13363 of2009 C RimpiKumari Petitioner VS GuruNanak Dev andanother 6 CWP No339 of2009 SahasChopraand another etitioners VS Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 71 1 CWP No8583 of2009 2 k Guru Nanak Dev andanother 7 CWP N08351 of2009 RajivKumar and others Petitioners VSe Guru Nanak Dev andanother m 8CWP N09487 of2009 0 Singhand others ePetitioners C vs I Guru Nanak Dev C5 and another i 9 CWP No340 of2009 Z SinghAulakh andothers Petitioners m VS Guru Nanak Dev I andanother 08 10CWP No10490 of2009 Q0 SinghVirdi and others Petitioners W2 2 VSe Guru Nanak Dev C4 andanother 11 CWPNo770 of2009 Singhand others Petitioners 6 VS Guru Nanak Dev and another 12 CWP94920f2009 Ashish Luna and others Petitioners VS GuruNanak Dev and another Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 72 CWPNo583 of2009 3 0 13 CWP No9153 of2009 Navdeep Kaur and others Petitioners VS Guru Nanak Dev andanother 14CWP No9779 of2009 Kumar and another Petitioners 1 VS Guru Nanak Dev 0 andanother C0 I 15 CWPNo514 of2009 0 Dhir ePetitioner Vs Z GuruNanak Dev and another 16CWP Nol00380f2009 I Jatin Seth Petitioner 08 VSe C Guru Nanak Dev nme andanother Z 17CWPNo888of2009 t3 Rul Sharma and others Petitioners VS GuruNanak Dev andothers C2e 18CWPNo644of2009 SiddharthAcharyaandothers Petitioners VS GuruNanak Dev andanother 19 CWP No41 1 of2009 AmritpalSinghand others Petitioners Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 73 O CWP No8583 of2009 4 N Versus Guru Nanak Dev UniversityAmritsar andanother CORAM HONBLE MR JUSTICE PERMOD KOHLI Presentl MrVeneet Sharma MrAS Manaise Mr Naresh m Prabhakar Mr RS Manhas MrK Rattan MrManuj NagrathAdvocates for the 0 MrDS Patwalia Advocatefor the C I PERMOD KOHLI J C5 All these petitionsare beingdisposedof by this Z common order as the facts and of law 111 all these petltlons are identica All the in thesepetitions are the studentsof 08 m course like Bachelor of Technology 2 Science and Bachelor of Architecture Degree 10 Progre in the Faculties of AppliedSciences and and PhysicalPlanningand Architecture Theywere admittedto the course in theyear 2005 At the relevant time they C were governedby the Ordinances framed by the Universityfor from one semester to anothersemester The eligibility conditions were ln para 8 of the Appendixof Ordinances for Under Graduate BFechIB Arch Degree in the Faculties of Applied 85 and PhysicalPlanningand Architecture Ordinance Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 4 74 CHTPNo8583of2009 5 Y4v dated 15ll000 111operation at the time of the admission 1S hereunderl 8 a9 A candidateshall be promotedto the next highersemester providedhe securesat least 40Io 1 marks in aggregateof all the courses taken 0 together for that semester even if he fails tn one or C morecoursels C5 b9Reappearexaniinations for an odd semester shall be conducted alongwith the next odd Z semesterand an even semester alongwith the next even semester I 08 C 9 An extra chance shall be givento a reappear Cn candidate of seventh semester 6BTech9 9 W2 Z Semester6B Arcl along with the 0 end semester examinationprovidedthe candidate 44 has passedall the courses upto semester Cm d9 A end semester examinatlOll shall be conducted only for eighthOBTech91 tenth 6B Arch semester providedthe candidate has passedall the courses upto seventhlninth semester Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 75 91 CWP No8583 of2009 6 N e Award of grace marks for theseunderaduate examinations shall be applicableas per the University Ordinances Under Clause 6a9of the Ordinance a candidatewas entitledto be tothe next higher semester if he secures at least 40 marksin aggregate of all courses taken together for thatsemester ifhe fails in one or more courses Under Clause 0 Co for an odd semestershall be conductedalong reappear I C5 with thenext odd semester and even semesteralongwith thenext 3 even semester Under Clause an extrachance is providedto a Z candidate of 7 semester 3Tecl 9 semester 6B m Q Arch with 8 and 10 semester examinationprovided a I candidatehas all courses upto6 and eighthsemesters 08 ClO to be under Clause 6d9a examination 1S m 2 for 8 BTecl and tenth BArch9 semesters 0 the candidatehas passedall the courses upto seventhlninth semesterThere is alsoa provisionfor awardof gracemarks as perthe UniversityOrdinances The Universityamended the teeeeO aforesaid The Universityhas introducedthe cany on systemlIl theyear 1999 for various underthe Calendar 1999 Vol IU for variouscourses exceptlaw and faculties and School of Social Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 76 CWP No8583 of2009 7 V4 Sciences In respectto the course having8 semesterduration followingconditionshave beenlaid downl 3 Courses havingeightsemesteduration a9There shall be no condition for promoting a studentfrom first semester to second semester b1However a studentshall be promotedto third 1 C semester only if he has passedatleast 50Io 0 C ofthe first two semesters but there will be no condition for promoting a studentfrom ClO r third semester to fourth semester Z C 9However a student shall be promoted to fifth m semester only if he has passedatleast 50Io ofthe flrst four semester I 08 d9There will be no condition for promoting a co studentfrom fifth to sixth semester e4e0 e9 However a student shall be promotedto 3 t1 seventhsemester only if he has passedall the r ofthe flrst two semesters f The student shall be promotedto eighth semester only if he has passedall the G ofthe flrst three semesters After a periodof eighthsemestersthe student shall be givena periodof two consecutive years more to passfailingwhich he shall have to start the course afreshfrom the first semester However such a Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 77 CWP No8583 of2009 ee8 l 1116 studentwill not be required to quali67 the entrance test agaltl 71 The aforesaidOrdinances6carry on was further amendedby the Syndicate lIl its meeting held OI1 13122006 lIl thefollowing manner 1 Present Heading ProtoosedHeadin Cany on Systemfor vanous iii Carryon Systemfor various 0 1semester examinations except law semester examinations 6except Law C3 1and Engineeringand Technology Faculties and School of Social and School of Social Sciences I C9 Vide the amendment the cany on systemfor various 2 semester examinations was made applicableto the n 1 andTechnology Faculties as well exceptLaw and School of Social Sciences However the amendment was appliedfrom Session 08 J 20072008 The Universityfurtherintroducedthe amendment 111 S7 the cany systemof B Tech M Tech MCA and AA 5 on Z ll years course vide its decision dated 1 82008 wherebythe cany r on system was appliedin all the exceptLaw and School of Social Sciencesfor which there are separateOrdinances 1 Vide the aforesaid decision the carry on system was made applicable to the Computer Science and Electronic by way of further clarification of the amendment introducedvide Item No23 in the meetingof the held on 0512006 The are ofthe decision dated 01082008 whereby the amended OrdinancesGoveming the cany Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 78 CWP No8583 of2009 9 5 on systemhasbeen appliedto all the coursesreferred to herenabove As a consequence of the of carry on systema student Catl be from first semester to second semester without any condition However such a student can be to third semester if he has passedat least 50 per cent 1 Lr of the First two semesters For to 4 0 semester no condition is applicableAgainfor promotion to 5 C I semester a studentmust pass at least50 per cent of C5 A the flrst four semesters Againfor from 5 to 6 Z semester 1Swithoutany condition For to 7 semester a m r lrther embargo1S created that the student must pass all Z ofthe flrst two semesterSe Similarlyfor c6 ClO to 8 semesters a studentmust qualifyall the ofthe ama flrst three thereby a student will not be 22 eligibleto seek admission lIl 7 semester ifhe has any reappear or 9 W52 backlogof first two semesters Sameeligibilitycondition will applyfor promotionto 8 semester and if the student has a or backlogof flrst three semesters he is ineligibleto seek C admissionin 8 semester The grievance of the is that the amendment introducedor the clariflcation issued vide order dated Ol082008 1S illegaland in cases of the With a view to supporttheir contention reliance is placedon the Ordinance Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 79 CWP No8583 of2009 10 N n dated 1411 000 I19 which was in force at the time of admission which onlyrequired 40 per cent aggregatemarksof all the papers ln a semester of the fact whether a student fails in one or more papers of that semesters It is hlrther contended that carry on systemwhich was introduced lll the 1 l UniversityCalendar 1999 Tol III9has IlO to the 0 and Technology Faculties Law and School of Social C Sciencesas is evident from Annexure 13 Even the amendment C0 11 introduced pursuantto the decision of the vide Item 2 No3 in the meetingheld on 51 2006 carry on systemfor the m Q of and TechnologyFaculties has been Z appliedflom Session20072008 It is submittedthat 08 00 since the were admitted in the year 2005 ths a amendmentis againnot to the havingbeen Z made operative from Session 20072008 as per the contained in the amendmentOrdinancesitself It 1S 8irthercontendedthat vide orderdated 01082008 P c herein the amendmenthas been applied which has adverselyaffected the career of the Accordingto the leamed counsel for the had the known that theywould be requiredto clear all the of flrst 213semesters theywould have concentratedon those papers on priority Now after two years the Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 80 1 1 CH7PNo 8583of2009 11 1 cannot be punishedfor not havingcleared the papers two years back It 1S the case of the that the operationof the rules is when it takes away any of the rightof the hither to available 111 existingstatutellaw Accordingto the the only 1 Q for promotion to the seven and eighthsemesters was 0 that a candidateshould secure 40 per cent marks in aggregate ma 0 I semester of the fact whether a candidatehas failed in C0 one or more ofthe papers ofthat semester Z In the replyflled by the the Universityhas relied upon the order dated Ol082008 whereby r carry on systemhas been appliedto a11the underraduate courses 06 ln the UniversityexceptLaw and School of Social Sciences ClO C a7 Thesetwo courses beinggovemedby separateOrdinances It is 2 reiteratedthat any having lIl lA i the first two semesters is ineligiblefor seekingadmission to 7 semester and a candidatehavingreappear in first three semesters 1S ineligible to seekadmissionin 8 semester It is statedthat as a Oev matter of fact order dated Ol 082008 1Snot an amendment to the but onlybyway of cIariflcationas previous Ordinances of 2000 were in this regardand thus necessitateda clarification It is mentioned in the replyflled by the University that some of the who had m reappear Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 81 f 1J CWP No8583 of2009 12 7 examinationson fust two semesters were grantedprovisional admissionto 7 semester subject to clearanceofthe back4ogofthe flrst two semesters on their filingof the affidavit that in the event of the failure of the candidateto clear the reappear of fust two semestersthe admission to 7 semester could be cancelled m C Similar affidavits were filed by the who 0 securedadmission 1118 semester while rppearing lIl first three C semesters papers It is submittedthat all theadmissionsto 7 and C0 J 8 semesters in respectto the candidateswho had backogof flrst Z 213semesters were provisional in nature and could be cancelledon their failureto clearthebackog C I When these petitions were filed interim orders were 08 passedby this Court in CWP No8583 of 2009 on 29052009 0 m7 allowingentryin 8 semester Similar orderswere passedin other 22 writpetitions the to seekadmissionin 7 and t 8 semesters and also to appear 111the examinationsfrom time to tlmee MrDS Patwalia learned counsel for the C has however arguedthat neither the Ordinances carrying on systemare 111naturenor the order dated 01082008 can be construed to have His rther contentionis that the Universityis entitled to the rules even duringthe continuance ofthe Course by a Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 82 r 1 CWP No8583 of2009 13 V t studentas the Universitydoesnot hold a promise to a student not to changethe duration or the manner or method of promotions from one semesters to anotherexceptchangingthe syllabus or a courseof studyfor which a studentmay be entitledto notice The have placedreliance upon a Single 1 L ofthis Court reportedPawan Kumar Sharma Vs 0 The State of Puniab and others 1991 639 Recent Services C I 407 In this case the afflliatingUniversity C5 the condition of passingthe Z examlnatlons ln a particularchance The students who are the course at the time of introductionof the bye4aws C I assailedthe action of the University the issue a 06 leamedSingleBench ofthis Court held as follows r17 It has been Iaid down in the above referredtwo ee Z authorities that the which are ee 4 applicable at the time a studenttakes admission ltl the consolidated course would keepon applying of any amendment till the student so admitted completes the course In view of this the were not justitledin applyingthe byelawswhich were on 16 August 1986 to the studentswho had got achnissionin the BMS course in the first year priorto that date Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 83 CWP No8583 of2009 14 81 Reliance is also placedon another Division Bench judgmentof this Court in the case of Munish Kumar Talwar Vs The Vice Chancellor Baba Farid Universitvof Health Sciences and others 2007 629SlR 330 In this case also the rules for BAMS course were amended The amendedrules prohibited j C admissionto final examination ifthere lS reappear ln 0 the second examination The petitioner therein had C I remappearln second thoughhe was grantedadmission C5 to third semester but not permitted to appear in the examlnatlOIlS 1C Z This Court thequestionheld as underl Q 7 The short question that requires determination ln this case is whether the appellant 1S to be 06 govemed by the amended or unamended 0 e Ordinance The appellanthad been permitted to 3 Z appear in the 3 Professional examinationheld ln Qe Aprilvlay2005 Ifthe originaldurationofthe 3 Professional had not been amended the appellant hadcleared the reappearsof the 2 Professional and on that account there was no before him to appear in the final examination which was then to be held in Novembere December 2005 As per the appellanthe 1S Suffering on account of the wrong application of the amendedOrdinancein his case Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 84 CWP No8583 of2009 15n0 re 9 Since the appellant is required to be treatedas belongingto batch of year 2000 as already noticedtheprovision ofpara11 above would also come to his rescue When the joinedthe course he was entitledto take position that he would be eligibleto clear lst and 1 L 2 Professional by 2005 0 He reallycould not have any say in fixingthe 0 I durationof the 3 by amendment111 C the Ordinanceafler he had joinedthe course To 32 remedy such aituation onlyperhaps theprovision Z ofpara11 ofOrdinance provided that m candidatesadmittedpriorto 2001 will appear lll final after two years of study It can 08 r0 be noticed that the has studied with the r e7 batch in 1nd 2 Professional examinations Z Thus a different duration of the course if being Cl 41 applied to similarlysituated candidates We do not say that it amounts to discrimination but parity needto be maintained between similarlysituated candidatesand that is what is soughtto be c achievedbyOrdinance above We are thusofthe view that unamendedOrdinance would govem the case ofthe appellant and the provisions of the amended Ordinance cannot be made applicable to him 53 Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 85 CWP No8583 of2009 16 K To the contrary Mr DS Patwalia leamed counsel for the has relied upon Puniab Universitv Vs SubashChander and another 1984 3 Supreme Court Cases 603 In thiscase the had securedadmissionto MBBS course in the year 1965 The existing required t minlmum of 50 per cent marks to pass in each subjectIn addition 0 to the above there wasa rule for grantof grace marks CS3 I uptoone of the total aggregate marks includingmarksfor C5 I Practicaland internalassessment if a candidatefails in one or more Z In theyear 1970 an amendmentwas made in the rules and the award of grace marks was conflned to total r I marks excludingthe marks for intemal assessment 08 Where a candidatefails 1n one or more he has Cl2 D in all where a separate of passing 2 also exists In case of BAMSIBDS examination the CL 4e marks of one percentwas conflnedto each subjectand not to of all subjectsThe petitioner who was a student of lvlBBS was failingin one He claimedgrace marks on the basis ofunmendedrules but he was awardedgrace marks on the basisofthe amendedruleswhich did not prove beneOcialto him He the same in the PunjabandHaryanaHighCoun A FullBench ofthis Court allowedthe writ petitionholdinglhalthc 1 rules at the time of the admissionof the Il 9 ot V i 4 59n i41 1 n 2 9 511 Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 86 r No8583 of2009 17 4 ply and the amended rules cannot be applied to the detrimentofthe candidates Honble the Court while the 1SSue held as underl 1 1 We do not agree with the leamed Judgesofthe Full Bench ofthe HighCourt that thereis any elementof 1 lll the changebroughtabout by the CC additionof the exception to Rule 2 l of the Calendar for 0 C the year 1970 according to the Shorter I C5 Oxford EnglishDictionaryThird Edition in relation to 9J Statutesetc means Operative with regardto pasttime Z The changebroughtabout by the addition of the exceptionto Rule 21 does not say that it shall be I operativewith effect from any earlier date It 1S 08 obviously It is not possible to hold that it is m 111 operationmerely because though vm Z introduced in 1970 it was appliedto Subash Chander 1 who appeared for the Onal examinatlon ln 1974 afler he hadjoinedthe course earlier in 1965 No promise was made or could be deemed to have been made to him at the time of his admission lll 1965 that t 4 therewill be no alteration of the rule or regulation lIl regardto the percentageof marks requiredfor passing any examination or award of grace marks and that the rules relatingtheretowhich were in force at the time of his admission would continue to be appliedto him until he Snished hiswhole course 31 Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 87 CWPNo8583 of2009 18 S41 12 Thereforewe are clearlyofthe opinionthat thereis no of the changein the rule made in the year 1970 having operationmerelybecause it was in 1974to SubashChanderwho had joined theMBBScourse in 1965when the rule award of grace marks was different In these circumstances Q affirmthe view of DK Mahajanand P Jain JJ we 0 in the Division Bench judgment in Sewa Ram 0 I v KurukshetraUniversity and disapprove the view taken C49 bythe learnedJudgesof the Full Bench in the decision under appealin this case and hold that the University Z rightin holdingthat SubashChander l was t was not entitledto 16 grace marksunder the old rule I but was entitledto only4 gracemarksunder the new rule 06 fiO and had therefore not passedthe examlnatlon 111 m2 We allow the appealbut without any order Z Howeverthis decision will not affect the as to costs t resultof the examinationof Subash Chander in if it had been declaredas per the direction of thelearnedJudgesofthe Full Bench in the LettersPatent e Appea 39 The aforesaid was followed by anotherBench of the SupremeCourt lll the case of Puniab Universitv Vs DevianiChakrabartiandothers 3 Supreme Court Cases 612whereinit has been held as follows Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 88 CWP No8583 of2009 19 e a In the presentcase also the new decisions are pnma facie in operation and theydid not become merelybecause they appliedto studentswho had already started their educational careers We therefore allow these appealsbut without anyorder as to 1 1Z costs and set aside the judgments of the High 0 0 Court and dismiss the writ petitionsHowever I this decision will not affect the rightwhich might C5 have been grantedto the petitioners in the writ Z petitions on the basis ofthe High Court which have beenreversedin theseappeals r A similar issue cameto be considered by a Division I 06 Bench of this Court 111the case of Rahul GuptaVs State of oo 4 Haryana2000 49SCT 1099 wherein SubhashChanders case W Z supra9hasbeenrelied upon and it hasbeenheld as under a 4 4 We have heard leamed counsel for the parties and are of the view that there is no merit in the writ petitionsThe onlyargumentadvancedbythe counsel for the petitioner is that when his client joinedthe diplomacourse m the year 1997 the made it clear that the durationof that course was 3 years and the could not changethe duration till the studentswho joined the course in the academic session 199798 had Batra Amit 2014.03.29 15: 02 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 89 CWP No8583 of2009 20 e completed the same He has placedreliance on Full Bench of this Court in Amardeep SinghSahotav StateofPuniab etc 1993 41SLR 673 1993 41 SCT 328 Hl FBl and SwaraniitSinghand anotherv StateofPuniab and others 1998 21SLR 14 1997 41SCT 511 0 1 C Hl 31 We are unable to agree with the 0 contentiOn of the petitionerFrom the standtaken C by the it is clear that the competent C0 authority decided in the year 1995 to revise the curriculum of Electronics and Communication Z DiplomaCourse to 3112 years consistingof 7 Lr semesters The 7 semester includes the invplant I training and the marks awarded to a candidatein 05 r12 this traininghave to be included in the diploma 4r av awardedto him It is further clear that the Z