CWP No.17561 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 09.03.2010 Ravdeep Kaur .. Petitioner Vs. Baba Farid University of Health Sciences and another .. Respondents CORAM: HON’BLE MR. JUSTICE PERMOD KOHLI Present: Mr. Ashok Sharma Nabhawala, Advocate,for the petitioner. Mr.Anupam Gupta, Advocate, with Mr.Ashish Rawal, Advocate, for the respondents. PERMOD KOHLI, J. (Oral): I have heard the learned counsel for the parties. The petitioner was admitted to B.Sc. (Medical Anatomy, Physiology and Biochemistry), on qualifying Punjab Medical Entrance Test. The petitioner could not clear B.Sc. first year examination in the first attempt and had supplementary in two subjects which she cleared in July, 2007. The petitioner had more than 80% attendance to her credit. The petitioner was promoted to the next class (B.Sc. Second Year) and is pursing her course. The petitioner had paid all the requisite fee including the examination fee for the second year. The petitioner was declared ineligible for appearing in the second year examination which was scheduled to be conducted in May/June, 2008, CWP No.17561 of 2009 2 vide order dated 11.04.2008 (Annexure P-1). Civil Writ Petition No.6907 of 2008 was filed by the petitioner challenging the order dated 11.4.2008 and the petitioner was permitted to appear in the examination of B.Sc. (Medical Anatomy, Physiology and Biochemistry) in May, 2008. Consequently, the petitioner has appeared in the B.Sc. Second Year examination. At the time of the passing of the interim order, examination of some of the papers was already over. The petitioner attended the remaining papers i.e. Computer, Computer Application and Practical of Anatomy, Physiology and Biochemistry. However, she could not appear in the theory papers of Anatomy, Physiology and Biochemistry. The petitioner however, cleared all the papers, she attempted/appeared. The University has also passed an order dated 29.09.2008 admitting that the candidate who has reappear in one or more subjects, is entitled to appear in the next examination if she clears the reappear in supplementary. The supplementary examination for the second year B.Sc. was held in the month of November/December, 2008 and the petitioner appeared in theory of three subjects i.e. Anatomy, Physiology and Biochemistry and has passed her two papers except the paper of Physiology. In the meantime, the session of third year course started in the month of June/July, 2008 and the petitioner joined third year professional course. Vide another order dated 29.09.2008 (Annexure P-3) the petitioner was debarred from appearing in the next CWP No.17561 of 2009 3 examination till the petitioner passes reappear papers. On the basis of the aforesaid order, CWP No.6907 of 2008 was disposed as infructuous. The petitioner later represented for permission to appear in the examination of those papers in which she was not allowed to appear, but no opportunity was granted to the petitioner. In the meantime, the University framed regulations in respect to the number of chances to be provided to a candidate. A number of writ petitions came to be filed before this Court challenging the aforesaid regulations. The matter was referred to a Full Bench of this Court. Vide order dated 11.09.2009, the Bunch of Writ Petitions was dismissed upholding the validity of the regulations. It appears that the University applied the ratio of the aforesaid judgment in the case of the petitioner as well. The respondents, though declared the result of other candidates, but the result of the petitioner for third year B.Sc. examination was not declared. It is under these circumstances that the petitioner has filed this petition seeking a direction to declare her result for third year B.Sc. Medical examinations which were held in the month of May, 2009. Mr.Anupam Gupta appearing for the respondents has very fairly conceded that Full Bench judgment of this Court is not applicable in the present case. Though reply has not been filed in this case, however, in view of the statement made by Mr. Gupta, at the Bar, this petition is allowed. The respondents are directed to declare the CWP No.17561 of 2009 4 result of the examination of the petitioner for third year B.Sc. Medical which were held in the month of May/June, 2009 within a period of one week from today. 9.3.2010 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO