IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 991 of 2009 (O&M) Date of decision: 15.10.2009. PEC University of Technology through its Registrar, Sector 12, Chandigarh. ......Appellant Vs. Gursimar Iqbal Somal alias Gursimar Somal ...Respondent CORAM:- HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MRS.JUSTICE DAYA CHAUDHARY PRESENT: Mr.R.S.Bains, Advocate, for appellant. Mr.Ashok Aggarwal, Sr. Advocate, with Mr.Vikas Suri, Advocate, for Caveator-respondent. **** DAYA CHAUDHARY, J. 1. This appeal has been preferred against interim order granted by the learned Single Judge allowing the respondent to be shifted from the discipline of Electrical Engineering to the discipline of Information Technology against one of the available seats. 2. The respondent is student of B.Tech (Electrical Engineering) and was admitted for the academic Session 2008-09. He appeared in the first semester examination conducted by the University. In 1st Semester examination, he was awarded 8.38 Semester Grade Point Average (for short,“SGPA”) whereas in 2nd Semester examination, he was awarded SGPA 9.55. He applied for shifting of Branch from Electrical Engineering to Information Technology, for which minimum SGPA required was 9, whereas his SGPA was 8.98. His claim was declined by the University as he LPA No. 991 of 2009 [2] was not having the required SGPA, which was challenged by way of writ petition on the ground that the formula of rounding up should be applied and 4 seats are available in the Information Technology Branch. The appellant-University contested his claim stating that he did not fulfil the eligibility condition for change of Branch given in the Rules and Procedures of University Grants Programs. Moreover, the writ petition was highly belated as sessional assessment was already over and second semester was due, as the semester ends in December 2009. 3. Learned Single Judge admitted the writ petition and interim direction was issued to the University to permit the writ petitioner for shifting from the discipline of Electrical Engineering to the discipline of Information Technology against the vacant available seats. 4. The ground for challenging the interim direction is that the respondent did not fulfil the eligibility condition for change of branch given in Rules and Procedures of University Grant Programs. Only those students whose SGPA is 9 are eligible to be considered for change of branch. Moreover, the writ petition was filed belatedly as the semester examination had already commenced on 31st July, 2009 and first sessional assessment had already been over and the 2nd sessional examination was due on 26th October, 2009. 5. We have heard learned counsel for the parties and also gone through the order passed by the learned Single Judge. 6. The writ petition was filed at a very late stage as last date for applying change of branch was 26.6.2009 for which a notice was also displayed on the University board and much of his studies had already been LPA No. 991 of 2009 [3] completed and the examination of the 2nd Semester is likely to be commenced in December 2009. The contention of the respondent for rounding up of marks cannot be accepted as it is different from CGPA which is based on the decision taken by the senate and that decision has not been challenged by the respondent. The said decision of the senate is reproduced as under: “ Minutes of 17th meeting of Senate of Punjab Engineering College held on 17.11.2008 at 3.00 p.m. in the Conference Hall of Punjab Engineering College, Chandigarh. Agenda No. 17.11 Any other item. Calculation and Recording of Grade Point Average(GPA) upto two decimal places. Ever since the adoption of the grading system in 2005, we have been calculating and specifying the SGPA of students on their grade sheets upto one decimal place only. However, in certain situations, where a merit list of the students is to be prepared, a need is felt to have these calculated up to two decimal place. For instance,to decide the relative merit of students for change of branch at the end of first year, the CGPA had to be calculated kupto two decimal places to resolve a tie between students having LPA No. 991 of 2009 [4] same CGPA up to one decimal place. Another situation which may require such calculation, could arise while deciding the award of gold medal to a student for standing first in his/her branch. It is, therefore, proposed that the SGPA and CGPA may henceforth be calculated and reported up to two decimal place. 17.11. Calculation and recording of grade Point average (GPA) up to two decimal places....Accepted.” 7. Keeping in view the interest of the students and the University, some time limit is to be fixed for changing from one branch to another and all the students, including the respondent, were free to exercise their option within the prescribed time limit. The respondent did not exercise his option during that prescribed period. If he is allowed to change the branch, then other students would like to change their branches and this practice would continue and there would be no end to it. The decision taken by the Senate is the decision of the experts and is based on the interest of the students and the standard of education. 8. No doubt, we have sympathy and sentiment in our mind for the career of the students but that cannot be a ground for passing an order in relation thereto as the respondent has no legal right and much time has already passed. Therefore, to pass an order in contravention of a statutory LPA No. 991 of 2009 [5] provision is not proper and justified. This view has been upheld by the Hon'ble Supreme Court in Maruti Udyog Ltd v. Ram Lal & others [2005] 2 SCC 638, wherein it was observed as under: “ While construing a statute, sympathy has no role to play. This Court cannot interpret the provisions of the said Act ignoring the binding decisions of the Constitution Bench of this Court only by way of sympathy to the workmen concerned.” In Latham v. Richard Johnson and Nephew Ltd [1911-13] All England Law Reports Rep. page 117 also the following observation has been made: “We must be very careful not to allow our sympathy with the infant plaintiff to affect our judgment. Sentiment is a dangerous will o' the wisp to take as a guide in the search for legal principles.” 9. Keeping in view the above discussion, the appeal is allowed and interim order passed by the learned Single Judge is vacated. (DAYA CHAUDHARY) JUDGE (ADARSH KUMAR GOEL) October 15, 2009 JUDGE raghav