CWP No.10536 of 2008 [1] THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.10536 of 2008 Date of Decision: 18 – 09- 2008 Gaurav Dari ....Petitioner v. Panjab University, Chandigarh and others ....Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.P.C.Chaudhary, Advocate for the petitioner. Mr.Manish Bansal, Advocate for respondents No.1 and 2. Mr.Kapil Kakkar, Advocate for respondents No.3 and 4. *** KANWALJIT SINGH AHLUWALIA, J. Present writ petition has been preferred by Gaurav Dari wherein he has prayed that impugned notification of declaration of result of his on 1.4.2008, Annexure P-1 be quashed and the University be directed to prepare and declare the result of 7th semester examination on the basis of marks obtained in 7th semester held in November, 2007 in accordance with the provisions of Regulations for Bachelor of Engineering (Electronics and Communication Engineering), Annexure P-20. The petitioner was admitted to four years under graduate CWP No.10536 of 2008 [2] programmes for grant of degree of Bachelor of Engineering in discipline of Electronics and Electrical Communication Engineering in the Session 2004- 2005 in Chandigarh College of Engineering and Technology, Sector 26, Chandigarh affiliated to Punjab University, Chandigarh – respondent No.1. The case of the petitioner is that he successfully completed Ist to 6th semesters examinations held by the respondent-University with outstanding distinctions. Petitioner claimed that he topped his stream in the Ist semester securing 74.8% marks and was a topper. In all the six semesters he secured 78.65% marks and due to his performance he was awarded various scholarships. It is stated that petitioner also completed practical training in Semi Conductor Complex Ltd., Mohali and was awarded outstanding certificate. Petitioner has relied upon various certificates to show that he did exceedingly well in extra curricular activities. The grievance of the petitioner is that he has successfully completed his studies of 7th semester and appeared in the examination under Roll No.C-04534 held by the University in November, 2007 for academic Session 2007-2008. The result of the examination was declared on 1.4.2008 and the petitioner was placed under re-appear only in internal assessment in EEC-702/Digital Signal Processing (Practical) and EEC-760/Vocational Training. The case of the petitioner is that he secured 28 marks out of total 60 marks in internal assessment in EEC-702/Digital Signal Processing (Practical), thereby he secured 2 marks less than requisite 50%. Similarly, he secured 24 marks out of total 60 marks in the paper of EEC- 760/Vocational Training and thereby 6 marks were less than 50%. It is the further case of the petitioner that new regulations were introduced in the CWP No.10536 of 2008 [3] Session 2007-2008 and instead of securing 50% marks in internal assessment separately, the same was modified and it was reduced to obtain 40% marks. The condition of new regulations introduced vide Annexure P- 20 for Faculty of Engineering & Technology in the Session 2007-2008 reads as under:- “10. A candidate will be deemed to have passed in a subject if he/she obtains 40% marks in the subject (40% marks in the University examination and 40% marks in the internal sessional separately) in theory as well as non- theory papers.” Whereas, the case of the University in the written statement is that the petitioner will be governed by the rules and regulations of the Session 2004- 2005, as the petitioner was admitted in the year 2004 for the academic Session 2004-2005 and till the degree is conferred upon him, during his entire stay in the said course, he shall be governed by the rules and regulations of Session 2004-2005. Following preliminary objection taken by the University in the written statement is reproduced below:- “It is submitted that the petitioner is a student of Bachelor of Engineering (Electronics and Electrical Communication). He appeared for the 7th semester examination held in Nov., 2007 at Chandigarh college of Engineering and Technology, Sector-26, Chandigarh and accordingly the result of the said examination was declared on 01.0.2008. In the said result, petitioner was placed under re-appear in internal assessment in (i) EEC-702/Digital Signal Processing Practical or EEC-760/Vocational Training Practical as he had not CWP No.10536 of 2008 [4] secured the minimum 50% marks required for clearing the said examination. The petitioner was admitted in the year 2004 in the session 2004-2005 in Bachelor of Engineering (E & EC) and accordingly rules and regulations of the session 2004-05 will be applicable to him during his entire stay in the said course. The regulation under clause 10 B of the session 2004- 05 of non-theory papers is reproduced here below:- “(b) NON THEORY PAPERS A candidate will be deemed to have passed in a non-theory subject (practical, seminar/project/vocational training etc.) if he/she obtains the following minimum marks, if not specified in the Scheme otherwise: (a) 40% in the examination marks (if the University Exam is prescribed); and (b) 505 in the internal assessment/sessional marks. However, a candidate will be required to pass the sessional assessment, before appearing in the University examination, if any.” In view of the above stated facts the rules and regulations governing the petitioners are those which were applicable at the time of his admission and not the once in which the petitioner took the examination of the 7th semester. Therefore, the petitioner is required to get 50% marks in the internal assessment to clear the said semester are not 40% as being asserted by him. ....” It has been admitted before us that during the pendency of the CWP No.10536 of 2008 [5] writ petition, the petitioner has successfully passed the examination. However, counsel for the petitioner states that at stake is the honour which would have flown to the petitioner, as result of re-appear will dis-entitle the petitioner from the awards and colors which are to be bestowed upon him being the topper. Therefore, it has been urged that rules and regulations Annexure P-20 be applied so that petitioner can successfully complete his degree without the stigma of having obtained the re-appear in two papers in the 7th semester. In the replication to the written statement with regard to preliminary objections, petitioner has averred as under:- “The contents of Preliminary objections as stated are absolutely wrong, incorrect and hence emphatically denied. It is correct that petitioner was a student of B.E. (E &E C) and he had appeared for 7th semester examination held in November, 2007, result of which was declared on 1-4-2008 placing him under re-appear in internal assessment in EEC-702/Digital Signal Processing Practical or EEC-760/Vocational Training Practical as he failed to secure 50% marks while as per statutory provisions of Regulations for the academic year 2004-05, 2005-06, 2006-07 and 2007-08, it has been categorically & specifically stated therein that notwithstanding the integrated nature of a course spread over more than one academic year, the regulations in force at the time of a student joins a course shall hold good only for the examination held during or at the end of that academic year only which is reproduced for ready reference as under:- “APPLICABILITY OF REGULATIONS FOR THE CWP No.10536 of 2008 [6] TIME BEING IN FORCE – Notwithstanding the integrated nature of a course spread over more than one academic year, the regulations in force at the time a student joins a course shall hold good only for the examinations held during or at the end of the academic year. Nothing in these regulations shall be deemed to debar the University from amending the regulations subsequently and the amended regulations, if any, shall apply to all students whether old or new.” During the course of arguments, counsel for the petitioner has placed reliance on Punjab University v. Subash Chander and another, AIR 1984 SC 1415 to contend that the regulations cannot be applied retrospectively and the regulations have to hold good for each academic year only. After hearing learned counsel for the parties, we are of the view that once new Regulations Annexure P-20 came into operation for the year 2007-2008, the candidate who appeared for the fourth year i.e. 7th semester, will be governed by Regulations Annexure P-20 and in that case he is only required to obtain 40% marks in the internal sessional separately and , therefore, the University cannot insist to apply Annexure P-2 enacted in the year 2004-05 as the petitioner had appeared in the examination in November, 2007. Accordingly, the present writ petition is allowed. The University is directed to again tabulate the result of the petitioner for 7th semester examination undertaken by him in November, 2007, result of which was declared on 1.4.2008 vide Annexure P-1 after applying Regulations Annexure P-20 for the Session 2007-2008. The University CWP No.10536 of 2008 [7] shall take into consideration the fact that the petitioner had obtained 40% marks which was requirement as per Regulations for Bachelor of Engineering (Electronics & Electrical Communication) Third-Eighth Semesters Examinations 2007-2008. ( HEMANT GUPTA ) ( KANWALJIT SINGH AHLUWALIA ) JUDGE JUDGE September 18, 2008. RC