95 1 Civil Writ PetitionNo 5011of 2009 J INTHE HIGH COURT OF PUNJABAND HARYANA AT CHANDIGARH Date ofDecision24092009 HardeepKaur Petitioner Versus Guru Nanak Dev UniversityAmritsarand another Iespondents r 0 CORAM C HONBLE MRJUSTICE PERMOD KOHLI C I PRESENT MrNamit Kumar Advocatefor the petitioner Z MrAmrit Paul Advocatefor respondent Nol a MrMSachdeva Advocatefor respondent No Permod Kohli J 08 Petitionerwas admitted to Bachelor of ComputerApplication BCAI by respondentNo lJniversity in the year 2006 and allocated 7 Z No2eCollegeIn April2007 examinationfor BCA Part4 was held Petitionerappearedin the said examination The result of BCA Part was declaredin June 2007etitioner successfullypassed8 theorypapers and two practicalsHowever she was placedunder compartmentin two papers il one Introductionto Computersand Information Technologyand 0il C Computer Organization and Architect Petitioner appearedin the aforesaid two papers in the examination held in September2007 however she cleared only one paper of ComputerOrganizationand Architect In the meantime the petitionerhad been grantedadmission to BCAPart4l She also appearedin BCA Part Il examinationheld in April 2008 She passedall the papers of BCA Part Il except one where she was placed Rashmi 2014.03.12 13:50 JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 96 1 Civil WritPetition No 5011of2009 under compartmentIn April 2008 the petitionerwas to appear in the paper of BCA Part out she could not appear in the second chancehe was grantedspecialchance to clear the said paper of Introductionto Computerand InformationTechnologyBCA Part Il by the vide its communication dated 172008 on depositof requisite m fee The petitionerappearedItl the said paper Ill September2008 and clearedthe same Before the petitionercould clear the said paper she was 0 C admittedin BCA Partl pendingclearanceof all the compartmentpapers I C5 At the time of her admission she was askedto givean undertaking that in I case shedoes not clear her compartmentof BCA Part4 paper her admission Z shall stand cancelled After grantingadmission to the petitionerby respondentNo2 in BCA Part111 a request was made to University No by respondentNolCollege vide its Ietterdated 1932009 ctj to issue Roll number to the petitionerfor appearance in BCA Part11 examlnation The Universityhowever refused to grant Roll number vide its WM3 Z letter dated 1932009 64nnexureP81in View of the decision of the Syndicate in the meetingheld on 92008 It was communicated to the Collegethat the petitionersadmissionto BCA Part 4ll itself was and the petitionercannot be granted Roll number for appearance tn the examination The petitionerwas to appear in the final BCA PartmIll examinationwhich was to commence from 5009 Havingdenied the roll numberfor the aforesaidexamination the petitionerfiied this writ petition seeking a direction to permither to appear in the final year examinationof BCA and declare her result JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 97 r Civil Writ PetitionNo 5011 of 2009 3 6U This Court vide its order dated 42009 permittedthe petitioner to appear in the examinationof BCA Part Ill provisionallysubjectto final outcome of the writ petition It was also directed that the result of examinationshall be keptin a sealed cover to be openeddependingupon the final outcome of the writ petitionIt was specificallyordered that there m shall be no equityin favour of the petitioner On beingput to notice both respondents Nol and 2 havefiled 0 C their separaterepliesRespondentNo has supportedthe case of the X C5 petitionerwhereasrespondentNo has seriouslyobjectedto claim of the petitionerfor declaration of her result for BCA Part11 on the groundthat Z she was ineligiblefor admission to BCA ParHll and thus her result could not be declared 0 V X RespondenJniversity has relied upon the Ordinances11 to 14 05 of Guru Nanak Dev Universitfor short GNDU9 Ordinancesas notified Ill Qo Calender 1999 governingBCA4 The relevant Ordinances are reproduced 7 Z hereundec Il 1 1A candidate who having attended the prescribed number of Iecturers does not appear in the examination or havingappearedhas failed or has been placed under C compartment may be allowed to appear as an exstudent on the recommendation of the Principalconcerned In such case the candidate shall be examined as per the course outlines in force at that time for that examination 12 Each candidate shall be requiredto obtain at least 3590 marks in each paperlpractical separately JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 98 e Civil Writ PetitionNo 5011 of 2009 4 9 13A candidate who obtains40Ioofthe aggregatemarksin the prescribedsubjectsbut has failed in two subjectsby obtainingnot less than 2090of the marksin those subjects shall be permittedto appear in those subjectsonly at the next two consecutiveexaminationsand if he passes at either m of those examinations he shall be deemed to have passed the examination 0 C Notel These amendmentswill take effect from the session X C5 2001200 X 14 A candidate who is placed in compartmentunder Z ordinance 13 above may join provisionallyby the next r higherclass if he is otherwise eligibleunder the ordinances X relatingto the concerned examination If he fails to quality 08 in the compartment subject at the su pplementary 0 examination he shall be eligibleto appear againat the next 17 Z annual examination in that subject alongwith the examination of the next higher class which he had provisionally joinedIf he fails to qualityeven atthe annual examination his candidaturefor the higherclassshall stand C automatically cancelled and his result shall not be declared and if it has been declared it shall stand an nu lled Thereafter he shall have to appear in all subjectsas a regularor privatecandidateif he is otherwise eligibleunder the relevant StatuteslOrdinances However to clear the compartmentpaper one extra JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 99 4i Sy 4e Civil Writ Pelition No 5011 of 2009 5 chance shall be grantedto those candidateswho could not clear it after availingthe two admissiblechances but had appeared and passed the next higher examtnation of this University 1 Amended vide GNDU Syndicatepara Nol Xllll dated 1 2782001 L Under Ordinance 11 a candidate who does not appear in any 0 C examination or failed to appear or placedunder compartmentmay be Z C5 allowed to appear on the recommendationof the Principle concerned Ill X subsequent examination Under Ordinance 12 each candidate is requiredto Z obtain at Ieast3590marks in each paperlpractical separatelyOrdinance 13 providesthat where a candidate who obtains40Ioof the aggregatemarks in X the prescribedsubjectsbut has failed in two subjectsby obtainingnot less otj 2090 ofthe marks in those subjectsis entitled to appear in those subjects at 00 the next two consecutiveexaminationsSimilarlyOrdinance 14 providesthat 7 Z a candidate who is placedunder compartmentunder Ordinance 13 will be Qm permittedto join the next higherclass provisionallyif he is otherwise eligibleIt is further stipulatedthat if such candidatefailed to qualifyin the compartment subjectat the examination he will be eligible C to appear againat the next annual examinationin that subjectalongwith the examinationof the next higherclass It is however mentioned that if he fails to qualifyeven at the annual examination his candidature for the higher classshall stand automatically cancelled and his result shall not be declared and if it has been declared it shall stand annulled In su ch eventua Iity he shall have to appear in all subjectsas a regularor privatecandidate It is JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 400 A V Civil Writ PetitionNo 5011 of 2009 6 4 further providedin the Ordinances that if candidate fails to clear the compartment in the above manner he shall be providedone extra chance providedhe had appearedand passedthe next higher exam ination n case of the petitionershe was placedunder compartmentin two papersof BCA Part4 She cleared onlyone paper in the examination held in September2007 and did not avail second chance 0 C alongwithannual examination of BCA Part 1 Shewas givena specialchance C5 to clear that paper Since she could not clear the papers in two chances ill I compartment of BCA Part 1byApril2008 her admission in next higherclass Z 1e BCA Part 11made provisionally in July 2007 was irregularin view of Ordinance 14 She also had compartmentin one paper of BCA Part Il as well Thus she could not pass compartmentpaper of BCA Part I and BCA Part Il 05 examinatiorl and her admissionto BCA Part Ill in July2008 was totally in contravention of Ordinance 14 has m5 Z further relied u pon the Syndicatedecision dated 92008 1nnexure R31 Qm which reads as unde 6 A student whose result is publishedlate by the Guru Nanak Dev University or other recognised UniversitieslBoards 4e can be admitted without late fee within twelve workingdays including two transit daysl from the date of UniversitieslBoards result notification All such cases must be reportedbythe Principaito the 0 Universityofflce within fifteen daysfrom the date of actual admission so as to ascertain that the lower examinations in JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 401 Il O 4 1 C r 1 Civil Writ PetitionNo 5011of2009 7 which they have appeared are equivalent to the corresponding examinationof this University Provided that the above provisionwill not be applicablein the case of candidateswho become eligibleon the basisof examinationresults Vide Para 17 SyndicateGNDUI912008 r 0 In view of above Ordinances petitionerhavingfailed to clear C the compartmentpaper of BCA Part 1 after availingtwo chances thoughin I C5 third specialchance she cleared after admissionto BCA Part 11and even in I BCA Part Il she had compartmentin one paper thus she was ineligibleat Z the time of admissionto BCA Part Ill where she was admittedby respondent r No2Collegein July2008 I In sum and substance the contention on behalf of the 08 IS that the petitionerhavingfailed to clear the compartment within the prescribedtime particularlybefore admissionto Z BCA Part Ill her admissionto BCA Part Ill beingtotallyin contravention of r the Ordinancesgoverningadmissionshe could not be permittedfor final examinationon 5A2009 Learned counsel for the petitionerhas relied u pon a Division 49 Bench judgmentof this Court reportedas Ashu SinglaVersus Punjabi University Patiala and another 2004 21SCT 484 wherein it has been held as under In our opinionthe provisionalpermissiongrantedto the petitionerto take BCA Part reappearland BCA Partl main examinationldeserves to be regularisedIn his writ JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 402 e 3 CivWritPeO8on No5Oll of2009 8 petitionthe petitionerhascategorically averredthat he had not concealed any fact or document from the respondents Accordingto him he had soughtadmission o the basisof result publishedi the Gazette issued by the Board and as soon as the markheet was received from the Board he had submitted the same to the Collegeauthoritie This shows that the petitioner had not made any 0 C to respondentsNo l to 3 to secure C admissionin the BCA Course Indeed it is not even the case I of respondentsNo l and 2 that the petitionersecured Z admission by making or playingfraud In paragraph3 of the written statement filed on behalf of I respondents Nol and 2 a mild suggestion has been made 08 that he managedto secure admission in connivance with respond ent No3 but this has been controverted in the ewo Z written statement of respondentNo3 Thus the petitioner Q cannot be blamed for the irregularityif any committed in his admission to the BCA Course The blame for wrongly admittingthe petitionerand allowinghim to appear in BCA e Part 1examinationsquarelylies with the University Based upon the above mentioned authoritylearned cou nsel for the petitionerhasvehementlyarguedthat the petitionersadmissionto BCA Part Ill by respondentNoCollege was not illegaland she was entitled to appear in BCA Part Ill examination for which she had alreadybeen permittedby this Court vide order dated 4A009 and the same be JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 403 C9 44 Civil Writ PetitionNo 5011 of2009 1 9 The University has relied upon a recent judgmentof the Apex Court reportedas Mahatma Gandhi University Anr Versus Gis Jose Orsa2009 11RSJ 438 wherein it has been held in paras9 and 10 as under1 9 The misplacedsympathies should not havebeen shown in total breach of the Rules In ou r opinion that is precisely 1 what has happenedSuch a course was disapprovedby this Court in RegionalOfficer CB5E vs KuSheena Peethambaran 0 1 C and others 2003 Ol 5CC 7191n paragraph6 of the X 0 judgm6ntthis Court observedas follows X 67This Court has on several occasions earlier Z deprecatedthe practiceof permittingthe studentsto pursuetheir studiesand to appear in the examination under the interim orders passedin the petitionsIn Olj most of such cases it is ultimatelypleadedthat Slnce the course was over orthe result had been declared V Z the matter deservesto be considered m It resultsin very awkwardand difficult situations Rules stare straightinto the face of the pleaof sympathy and concessions againstthe leal provisions 4 10 In the presentcase the collegewhere the student was admitted in breach of all possiblerules allowed her not only to completethe course but also to write the examination which was totallyillegal The admission of the petitionerto BCA Part Ill was in contravention of Ordinance 14 of the GNDU Ordinances AOmission by JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document 404 10 1 Civil Writ PetitionNo 5011of2009 10 to the petitionerto BCA Part Ill was totallyillegaland in violation of the University Ordinanceswhich hasthe force of law In view of the dictum to the judgmentof the Apex Court referred to hereabove no relief can be grantedto the petitionerThis petitionIS accordinglydismissed Petitioner shall not be entitled to any m benefit of interim order dated 4A2009 0 1 C Permod Kohlil I September 242009 Judge C AS I Ie Whether to be eferredto the reporter2 YeslMo Z m r m2 c1 11 JOYTI RANI 2016.03.28 10:53 I attest to the accuracy and integrity of this document