52 CWP No583 of2009 e1 V In theHighCourt ofPunjaband Haryanaat Dateofdecision 0804 2010 3 1 CWPNo85830f2009 SamritiSharmaandothers Petitioners Vs m C GuruNanak Dev Universityand another 0 2 CWP 9218 of2009 0 JugrajSingh Petitioner C5 VS GuruNanak Dev andothers Z 3CWP No118670f2009 0 I NaveenSingh Petitioner O8 Vs GuruNanak Dev Cll andanother 2 i Z 4 CWPN09277 of2009 Singh Petitioner VS GuruNanak Dev andanother 5CWPNo 13363of2009 Cm RimpiKumari Petitioner VS GuruNanak Dev andanother 6CWP No 9339 of2009 SahasChopra and another Petitioners VS Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 53 1 ll No85830f2009 2 Guru Nanak Dev andanother 7 CWPNo351 of2009 RajivKumar and others Petitioners VS Guru Nnak Dev andanother 8CWP No487 of2009 0 Singhand others Petitioners 0 VS I Guru Nanak Dev C5 and another I 9 CWP No340 of2009 Z SinghAulakh andothers Petitioners m VS t Guru Nanak Dev I andanother 08 10CWPNo10490of2009 OlO SinghVirdi andothers Petitioners 3 Z VS GuruNanak Dev tl andanother 11CWPNo7700f2009 Singhand others Petitioners 6 VS GuruNanak Dev andanother 12 CWP94920f2009 AshishLuna and others Petitioners VS GuruNanak Dev andanother Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 54 CWP No8583 of2009 3 T 13 CWP No153 of2009 Navdeep Kaur and others Petitioners VS Guru Nanak Dev andanother 14CWP No779 of2009 Kumar andanother Petitioners 1 VS Guru Nanak Dev 0 andanother C 15 CWP No8514 of2009 C5 I Dhir Petitioner Vs Z Guru Nanak Dev andanother 16CWPNo0038of2009 I 06 Jatin Seth Petitioner VS co Guru Nanak Dev 7 andanother Z 17CWPNo8880f2009 rl Rahul Shanna and others Petitioners VS GuruNanak Dev and others Ce 18 CWPNo644 of2009 SiddharthAcharyaand others etitioners VS GuruNanak Dev andanother 19CWPNo411of2009 Amritpal Singhand others Petitioners Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 55 0 No8583of2009 4 Versus Guru Nanak Dev UniversityAmritsar andanother CORAM HONBLE MR JUSTICE PERMOD KOHLI Present MlVeneet Sharma MrAS Manaise Mr Naresh 1 Prabhakar Mr RS Manhas MrSK Rattan MrManuj 0 NagrathAdvocates for the 0 MrDS Patwalia Advocatefor the 0 PERMOD KOHLI J C All these petitionsare beingdisposedof by this Z common order as the facts and of law lIl all these rm 1 petitlons are identical I All the in thesepetitions are the studentsof c6 0 course like Bachelor of n Science and Bachelor of Architecture Degree ll Progre in the Faculties of AppliedSciences and Technology and PhysicalPlanningand Architecture Theywere admittedto the course m the year 2005 At therelevanttime they C were governedby the Ordinances 8amed by the Universityfor from one semester to anothersemester The eligibility conditions were ln para 8 of the Appendixof Ordinances for Under Graduate BTechlB Arch Degree in the Faculties of Applied c and PhysicalPlanningand Architectur Ordinance Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 4 56 C9 1 CWP No8583 of2009 5 dated 1511 000 111operation at the time of the admission 1S hereunder a9 A candidate shall be promoted to the next highersemester providedhe securesat least 40Io 1 rnarks in aggregateof all the courses taken 0 together for that semester even if he fails in one or 0 more coursels I C5 b9 Reappearexaminations for an odd semester shall be conducted along with the next odd Z semesterand an even semester alongwith the next m 1 even semester I 08 C 9 An extra chance shall be givento a reappear CQ C candidate of seventh semester 6BTech1 9 aw 2 Semester B Arch9along with the eihthltenth CL end semester examinationprovidedthe candidate has passedall the courses upto semester C d9 A end semester examination shall be conducted only for eighthOBTechl tenth 6B Archl semester providedthe candidate has passedall the courses uptoseventhlninth semester Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 57 1 No8583 of2009 W e Award of grace marks for these examlnations shall be as per the University Ordinances7 Under Clause 6a9ofthe Ordinance a candidatewas entitledto be tothe next highersemester if he secures at least 40Io marksin aggregate of all courses tken together for 1 1 that semester ifhe fails in one or more courses Under Clause 6l 0 C3 examinationfor an odd semester shall be conductedalong I C5 withthe next odd semester and even semesteralongwith the next I even semester Under Clause6c9 an extrachanceis to a Z candidate of 7 semester 6BTech99 semester l Arch9alongwith 8 and 10 semester examinationprovided a I candidatehas all courses upto and eighthsemesters 08 OO under Clause 6 a examination is to be W2 Z conductedfor 8 BTech9andtenth6BArch9semesters tl the courses upto seventhlninth the candidatehas passedall semester There is alsoa provisionfor awardof grace marks as perthe UniversityOrdinances The Universityamended the rv aforesaid The University has introducedthe cany on system111theyear 1999for various underthe 1 Calendar 1999 Vol III for variouscourses exceptlaw and faculties and School of Social I l 1 211 1 Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 58 CWP No8583 of2009 ee7 1 Sciences In respectto the course having8 semesterduration folIowingconditionshavebeenlaid downl 3 Courses havingeightsemester duration a9There shall be no condition for promoting a studentfrom first semester to secondsemester b However a studentshall be to third m C semester only if he has passedatleast 50Io 0 of the first two semesters but there 0 I will be no condition for promoting a studentfrom 0 I thirdsemester to fourth semester Z C 9However a student shall be to Sfth r semester only if he has passedatleast 50Io tr ofthe first four semester I 08 d1There will be no condition for promoting a C studentfrom fllth to sixth semester 3 e9 However a student shall be promotedto Z tl seventh semester onlyif he has passedall the ofthe first two semesters f9 The student shall be promoted to eighth semester only if he has passedall the 4e of the first three semesters After a periodof eighthsemestersthe student shall be givena periodof two consecutive years more to passfailingwhich he shall have to start the course afreshfrom the first semester However such a Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 59 1 CWP No8583of2009 e8 studentwill not berequired to the entrance test agaln 59 The aforesaidOrdinances6canyon systemJ was 61rther amendedby the Syndicate in its meeting held on 132006 111 thefollowingmanner 1 1eeeeeeeeeee l PresentHeadingl ProposedHeading C iii9 CarryOll Systemfor various iii9 Cany on Systemfor various 0 semester examinatlons except law semester examinatlonS 6exceptLaw 0 and Engineeringand Faculties and School of Social and School of Social Sciences I C l e 3 I Vide the amendment the carry on systemfor various Z semester examinations was madeapplicableto the m and Faculties as well exceptLaw and School of Social I Sciences However the amendmentwas appliedfrom Session Olj ao 20072008 The hlrther introducedthe amendment in nem the carry systemof B Tech M Tech MCA and MBA 5 on Z Clm years course vide its decision dated 1 8008 wherebythe cany on system was in a11the exceptLaw and Schoolof Social Sciencesfor which thereare separateOrdinances Vide the aforesaid decision the carry on system was made 1 to the ComputerSciencec0 and Electronic by wayof lrther clarification of the amendment vide Item No3 in the meetingof the Syndicate held on 05122006 The are ofthe decision dated 01082008 the amendedOrdinancesGoverning the cany Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 60 1 l Il No85830f2009 m9 i on systemhas been appliedto all the courses referred to here4nabove As a consequenceof the of cany on a student can be from first semester to second semester without any condition However such a studentcan be to third semester if he has passedat least 50 per cent m of the First two semesters For to 4 0 semester no condition is Againfor to 5 O I semestera studentmust pass at least 50 per cent of C5 I the flrst four semesters Againfor from 5 to 6 Z semester 1Swithoutany condition For promotion to 7 semester a m lrther embargo created that the student must pass all l 1S C Z ofthe fust two semesters Similarlyfor otj r to 8 semesters a studentmust quali67all the ofthe C W flrst three thereby a student will not be 2 eligible to seek admission in 7 semester ifhe hasany reappearor Dm4 of first two semesters Same eligibilitycondition will applyfor promotionto 8 semester and if the student has a C reappear or of first three semesters he is ineligible to seek admissionin 8 semester The grievance of the is that the amendment introducedor theclarification issuedvide order datedOl 082008 1S illegaland ln cases of the With a view to their contention reliance is placedon the Ordinance Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 61 CWP No8583 of2009 10 f dated 14 12000 lll which was 111force at the time of admission which onlyrequired 40 per cent aggregatemarks of all the papers ln a semester of the fact whether a studentfails in one or more papersof that semesters It is filrther contended that cany on systemwhich was introduced 111 the C UniversityCalendar 1999 Vol III9 has no to the 0 and Technology Faculties Law and School of Social C I Sciences as is evident from Annexure P3 Even the amendment C5 I introduced pursuantto the decision of the vide Item Z No3 in themeetingheld on 52006 cany on systemfor the t of and Faculties has been C I applied from Session20072008 It is submiUedthat 615 oo Slnce the were admitted in the year 2005 this mm3 amendmentis againnot to the havingbeen Z 1 made operative from Session 20072008 as per the contained in the amendmentOrdinances itself It 1S furthercontendedthat vide orderdatedOl 082008 P4 herein the amendmenthas been applied which has affected the career of the Accordingto the leamedcounsel for the had the known that theywould be required lear all the reappear of flrst 213 semesters theyw0u1dhave concentratedon those papers on priority Now afler two years the Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 62 CWP No8583 of2009 11 1 cannot be punishedfor not havingclearedthe paperstwo years back It 1S the case of the that the operation of the rules is when it takes away any of the rightof the hither to available 111 existingstatutellaw Accordingto the the only m for promotion to the seven and eighthsemesters was 0 that a candidateshould secure 40 per cent marks in aggregate ma C semester of the fact whether a candidatehas failed lIl C5 one or more ofthe papers ofthat semester Z In the replyflled by the the Universityhas relied upon the order dated Ol 082008 whereby C t I carry on systemhasbeen appliedto all theunderraduate courses C45 lIl the UniversityexceptLaw and School of Social Sciences ClO C These two courses beinggovemedby separateOrdinances It is m7 Z reiteratedthat any having lll Qn the flrsttwo semesters is ineligiblefor seekingadmission to 7 semester anda candidatehavingreappear in flrst three semesters 1S to seek admissionin 8 semester Itis statedthat asa matter offact order dated 01082008 is not an amendment to the but onlybywayof clariflcation as previous Ordinances of 2000 were in this regardand thus necessitateda clarification It is mentionedin the replyfiled by the University that some of the who had ln reappear Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 63 Le CWP No8583 of2009 12 e examinations on first two semesters were grantedprovisional admissionto 7 semester subject to clearanceofthe baclologofthe first two semesters on their fllingof the affldavit that in the event of the failure of the candidateto clear the reappear of flrst two the admission to 7 semester could be cancelled 1 Similar affidavits were flled by the who 0 securedadmission lll 8 semester while lIl first three C papers It is submittedthat a11the admissionsto 7 and C5 I 8 semesters in respectto thecandidateswho had bacllog of flrst Cr Z 213semesters were in nature and could be cancelledon theirfailure to clear thebaclog r Z When these petitions were flled interim orders were 06 by this Court in CWP No583 of 2009 on 29052009 O1l va entryin 8 semester Similar orderswere passed in other 2 writpetitions the to seekadmissionin 7 and Cls 8 semesters and also to appear in the examinationsfrom time to time MrS Patwalia leamed counsel for the c has however arguedthat neither the Ordinances introducingcanyingon systemare in nature nor the order dated Ol082008 CaIl be construed to have His rther contentionis that the Universityis entitled the rules even duringthe continuanceofthe Course by a to Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 64 CWPNo85830f2009 se13 1 studentas the Universitydoesnot hold a promise to a studentnot to changethe duration or the manner or method of from one semesters to another exceptchangingthe syllabus or a courseofstudyfor which a studentmay be entitledto notice The have placedreliance upon a Single C ofthis Court reported Pawan Kumar SharmaVs 0 The State of Puniab and others 1991 639 Recent Services C I 407 In this case the affiliatingUniversity C5 I the condition of passingthe r Z examlnatlOnS ln a particularchance The students who are m the course at the time of introductionof the bye4aws C e assailed the action of the University the issue a 08 learnedSingleBench ofthis Court held as follows ClO C It has been laid down in the above referred two 3 Z authoritiesthat the which are Qw at the time a studenttakes admissionin the consolidated course would keepon applying of any amendment till the studentSO admitted completesthe course In view of this the were not justifiedin applyingthe byeawswhich were on 16 August 1986 to the studentswho had gotadmission in the BAMS course in the flrst year prior to that date 93 Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 65 0 CWPN08583 of2009 14 P 1 Reliance is also placedon another Division Bench judgmentof this Court in the case of Munish Kumar Talwar Vs The Vice Chancellor Baba Farid Universityof Health Sciences and others 2007 629S 330 In this case also the rules for BAMS course were amended The amended rules m admissionto flnal examlnatlOIl if there is reappear lIl 0 the second examinatlOll The petitioner therein had 0 I in second thoughhe was granted admission C I to third semester but not to appear in the examlnatlons Z This Court thequestionheld as underl W tr 7 The short question that requires detennination I 111 this case is whether the appellantis to be 06 governed by the amended or uneamended Cll Ordinance The appellanthad been to mwo Z in in the 3 Professionalexaminationheld tl AprilMay2005 Ifthe originaldurationofthe 3 Professionalhad not been amended the appellant had clearedthe reappearsof the 2 Professional and on that account there was no before him to appear in the final examination which was then to be held ln Novembere December 2005 As per the he 1S sufferingon account of the wrong application of theamendedOrdinancein his case Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 66 r CWP No583 of2009 15 9 Since the to be treatedas belongingto batch of year 2000 as already noticed theprovisionofpara11 above would also come to his rescue When the the course he was entitledto take position that he would be eligibleto clear lst and 1 Lr 2 Professional by November40ecember 2005 0 He reallycould not have any say 111 flxingthe C I duration of the 3 by amendment111 C0 the Ordinance after he had joinedthe course To I remedy such a situationonlyperhaps theprovision Z ofpara11 ofOrdinance provided that m rl candidatesadmittedpriorto 2001 will appear 111 final after two yearsof study It can 06 Qo be noticedthat the has studied with the batch in 1 and 2 Professional examinations Z Thus a different duration of the course if being r appliedto similarlysituated candidates We do not say that it amounts to discrimination but parity need to be maintainedbetween similarlysituated candidatesand that is what is soughtto be C achievedbyOrdinance above We are thusofthe view that unamendedOrdinance would govem the case ofthe appellant and theprovisions of the amended Ordinance cannot be made applicable to him 33 Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 67 16 of2009 P n n CWP 64 Lth Mr DS Patwalia learned counsel appeanng for the has relied upon Puniab Universitv Vs Subash Chander and another 619849 3 SupremeCourt Cases 603 In this case the petitioners had secured admission to MBBS course ln the year 1965 The existingregulationsrequired m mlnlmum of 50 per cent marks to pass in each subjectIn addition 0 to the above there wasa rule for grantof grace marks C3 I uptoone percentof the total aggregatemarksincludingmarksfor C5 I Practicaland intemal assessment ifa candidate fails in one or more Z In the year 1970 an amendment was made in the rules and the award of grace marks was conflned to total I marks excludingthe marks for internal assessment 06 Where a candidate fails in one or more subjectsprovidedhe has CtO r amro in all subjects where a separate of passing 2 also exists In case of BAMSIBDS examination the Q gracemarks of one percentwas connedto each subjectand not to aggregateof all subjectsThe petitioner who was a student of MBBS was failingln one paperHe claimed grace markson the basisof ureamendedrules but he was awardedgrace markson the basis of the amendedrules which did not prove beneflcial to him He the sameln thePunjaband HaryanaHigh Court A Full Bench of this Court allowed the writ petitionholdingthat the rulesprevalent at the time of the admissionof the studentswould easrzel a e 19 m etmnomma4 Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 68 CWP No8583 of2009 17 applyand the amendedrules cannot be applied to thedetrimentofthe candidates Honble the Supreme Court while the 1SSueheld as under 1 1 We do not agree with the leamedJudgesofthe Full Bench ofthe HighCourt that thereis any elementof 1 retrospectivity111 the changebroughtabout by the additionof the exception to Rule 21 ofthe Calendarfor 0 C the year 1970 according to the Shorter C5 Oxford EnglishDictionaryThird Edition in relation to I Statutesetc means Operative with regardto pasttime Z The changebroughtabout by the addition of the a2 exceptionto Rule 2 l does not say that it shall be C I operativewith effect from any earlier date It is 08 obviously It is not possible to hold that it is ClO ln operationmerelybecause though we Z introduced in 1970 it was appliedto Subash Chander CL l who appeared for the final examinatlOn in 1974 after he had joinedthe course earlier in 1965 No promise wasmade or could be deemed to have been made to him at the time of his admission in 1965 that 1ee there will be no alteration of the rule or regulation 111 regardto the percentageof marks requiredfor passing any examination or award of grace marks and that the rules relatingthereto which were in force at the time of his admission would continue to be appliedto him until he finished his whole course 99 Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 69 CWPNo85830f2009 18 4 12 Therefore we are clearlyofthe opinion that thereis no of the changein the rule made in the year 1970 having merelybecause it was in 1974to SubashChanderwho hadjoined the course in 1965when the ru1eregarding award of grace marks was different In these circumstances ee m affirmthe view of D1C Mahaianand P Jain JJe we 0 in the Division Bench judgment in Sewa Ram C I v KurukshetraUniversity and disapprove the view taken C5 by the learnedJudgesof the Full Bench in the decision I underappealin this case and hold that the University Z rightin holdingthat SubashChander l e was C was not entitled to 16 grace marksunder the old rule I butwas entitledto only4 gracemarks under the new rule a5 ClO and had therefore not passedthe examination in s7 We allow the appealbut without any order Z Howeverthis decision will not affect the as to costs Ll resultof the examination of Subash Chander in if it had been declaredas per the direction of the learned Judgesofthe Full Bench in the LettersPatent eee Appeal Theaforesaid was followed by anotherBench of the SupremeCourt in the case of PuniabUniversity Vs DevianiChakrbarti and others 3 Supreme Court Cases 612wherein it has been held as followsl Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 70 CWP No8583 of2009 19 1 In the presentcase also the new decisions are pnma facie in operation and theydid not become merelybecause they appliedto studentswho had already started their educationalcareers We therefore allow these appealsbut without anyorder as to 1 costs and set aside the judgments of the High 0 C Court and dismiss the writ petitionsHowever this decision will not affect the rightwhich might C have been grantedto the petitioners in the writ Z petitions on the basis ofthe High m Court which have beenreversedin theseappeals Il Ct A similar lssue came to be considered by a Division 06 Bench of this Court lIl the case of Rahul Gupta Vs State of QO Haryana2000 649SCT 1099 wherein SubhashChanders case e Z suprahasbeenrelied upon andit hasbeenheld as under a 4 We have heard learned counsel for the parties and are of the Vlew that there is no merit in the writ petitionsThe onlyargumentadvancedbythe counselfor the petitioner is that when his client joinedthe diplomacourse in the year 1997 the made it clear that the duration of that course was 3 yearsand the could not change the duration till the studentswho joined the course in the academic session 199798 had Singh Gagan Preet 2014.03.27 15:42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 71 r CWPNo8583 of2009 20 S the same He has placedreliance on Full Bench of this Court in Amardeep SinghSahotav StateofPuniabetc 1993 41SLR 6730 1993 41 SCT 328 6 PIl lFBl and SwaraniitSinghand anotherv StateofPuniaband others 1998 21SLR 14 1997 41SCT 511 1 Hl FBl We are unable to agree with the 0 contentiOll of the petitionerFrom the standtaken C I by the lt 1S clear that the competent C decided in the year 1995 to revisethe I curriculum of Electronics and Communication Z Diploma Course to 3112 years consistingof 7 m tr semesters The 7 semester includesthe ineplant I and the marks awardedto a candidatein 08 ril thistraininghave to be included in the diploma r mm awardedto him It is further clear that the Z Director Technical Education Haryanaby his Clm communication dated 1801995 informedall the of the Institutesin the Stateof Haryana whichimpartsuch education that the duration of thecourse had been increased to 3112 years and thatthe revised