IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 4750 of 2008 Date of Decision: April 11,2008 Harpreet Kaur .................................................... Petitioner Versus Guru Nanak Dev University, Amritsar, through its Registrar and others ......................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia Present: Mr. Anil Chawla, Advocate for the petitioner. Mr. D.S.Patwalia, Advocate for the respondents. .... ASHUTOSH MOHUNTA, J. The petitioner has prayed for setting aside the letters/orders dated 18.1.2008 (Annexure P1) and 4.3.2008 (Annexure P2) vide which she has been debarred from appearing in the M.A. Ist year (Economics) examination to be held in April 2008. The petitioner took admission in B.A. Ist year in Mata Sarup Rani Government College for Girls, Amritsar, in the year 2004. In April 2007, the petitioner appeared in B.A. Part-III examination and she got a compartment in the subject of Mathematics. In July 2007 the petitioner applied for admission in M.A. Ist year (Economics) as a private candidate. It is the case of the petitioner that as per the calendar of the Guru Nanak Dev University a candidate is eligible to appear in the M.A. Part-I examination provided such a candidate clears the paper in which she has got a compartment. [ 2 ] C.W.P. No. 4750 of 2008 Counsel for the petitioner contends that the petitioner had re- appeared for compartment in the subject of Mathematics and cleared the same in September 2007 by securing 107 marks out of 200 marks and as such she is eligible to re-appear in the M.A. Part-I examination in Economics. It is contended by the learned counsel that the letters Annexures P1 and P2 holding the petitioner to be ineligible for sitting in the M.A. Ist year (Economics) examination to be held in April 2008 are liable to be quashed. Counsel for the petitioner has relied on Provision 11 of the Guru Nanak Dev University Calendar which stipulates the criterion regarding eligibility for appearing in the examination of M.A. Part-I. On the basis of the aforementioned criterion, the petitioner claims that she be allowed to appear in the M.A. Part-I examination in Economics. Reply has been filed on behalf of the respondents wherein it has been averred that Provision 11 of the Guru Nanak Dev University Calendar has been amended in the meeting of the Syndicate held on 11.10.2004 and as per the amended Regulations a candidate like the petitioner having compartment in Undergraduate or Graduate Course will not be eligible to take examination for Masters Degree Course for Academic Session 2005-2006. This policy has been implemented from the Academic Session 2005-2006. Counsel for the respondents has contended that a candidate who has a compartment at Graduation level would not be eligible for admission in any Post Graduate Course after 2005-2006. Learned counsel further contends that as the petitioner had sought admission in M.A. Part-I (Economics) as a private candidate in July 2007, therefore, as per the amended Regulations the petitioner would not be entitled to admission. We have heard the counsel for the parties at length. A perusal of the facts of this case clearly shows that the petitioner had got a compartment in the subject of Mathematics while appearing in B.A. Part-III examination. As per the Eligibility Criterion which was amended in the meeting of the Syndicate dated 11.10.2004 a candidate who has got a compartment at Graduation level would not be eligible for admission in any Post Graduate Course after 2005-2006. Thus, [ 3 ] C.W.P. No. 4750 of 2008 the petitioner who had applied as a private candidate in M.A. Part-I (Economics) was not even eligible to get admission in the said Course till such time she cleared her compartment. Although the petitioner had cleared the supplementary examination in the month of September 2007, yet she has rightly been held ineligible to appear in the M.A. Part-I Examination as she was not even entitled to be given admission in M.A. Part-I. For the foregoing reasons, we are of the considered opinion that the petitioner has rightly been held ineligible for appearing in the M.A. Ist year (Economics) examination and, resultantly, the writ petition is dismissed. ( ASHUTOSH MOHUNTA ) JUDGE ( KANWALJIT SINGH AHLUWALIA ) 11.4.2008 JUDGE rupi